February 20, 2025
Washington, DC – The Environmental Law & Policy Center (ELPC) took legal action to defend the U.S. Environmental Protection Agency’s (EPA) waste emissions charge rule, a key provision of the Inflation Reduction Act’s Methane Emissions Reduction Program that requires oil and gas operators to pay for excessive methane pollution.
ELPC has moved to intervene in both the U.S. Court of Appeals for the D.C. Circuit and the U.S. District Court for the Western District of Michigan to uphold the rule against legal challenges from industry groups seeking to dismantle this critical climate policy.
Methane is a potent greenhouse gas, and emissions from oil and gas operations contribute significantly to climate change and air pollution that undermines public health. The waste emissions charge rule will reduce hazardous air pollutants from high-polluting facilities and deliver an EPA-estimated $2.4 billion in climate benefits and $1.9 billion in economic benefits between 2024-2035.
Oil and gas industry groups have challenged the rule’s constitutionality, arguing that Congress exceeded its authority in establishing the methane charge under the Clean Air Act. These groups have filed litigation both in Michigan and in the D.C. Circuit. ELPC has joined other leading environmental organizations in defending the rule in both venues.
“Midwest communities are already experiencing the dangerous impacts of methane emissions and air pollution caused by oil and gas operations,” said Wendy Bloom, Senior Attorney with ELPC. “Oil and gas companies should not get a free pass to pollute.”
ELPC has long advocated for strong methane standards and will continue working to defend and enforce rules that protect clean air, clean water, and public health in the Midwest.
The U.S. Department of Justice has requested that the Michigan case be paused while the new administration reviews the matter, but ELPC and its partners continue to push for dismissal of the lawsuit, arguing that the constitutional claims belong in the D.C. Circuit, which has exclusive jurisdiction over national Clean Air Act rules.
The groups challenging the methane rule in the Michigan district court case are the American Free Enterprise Chamber of Commerce, and Michigan Oil and Gas Association. In the D.C. Circuit case, they include associations for Midwestern oil and gas producers such as the Illinois Oil & Gas Association and North Dakota Petroleum Council, as well as the Independent Petroleum Association of America and National Stripper Well Association.