By John Q. Hosedrinker 
The Environmental Protection Agency has finalized a rule aimed at reducing methane emissions from oil and gas production, a crucial step in addressing climate change. This rule, mandated by the Inflation Reduction Act, imposes fees on companies exceeding methane emission thresholds, incentivizing them to repair leaks and capture the potent greenhouse gas. The fee structure, coupled with financial incentives for leak repairs, is designed to reduce methane emissions by 1.2 million metric tons annually, equivalent to taking millions of cars off the road. This rule’s inclusion in a major climate law makes it more difficult for future administrations to dismantle, ensuring its long-term impact on reducing methane pollution and mitigating climate change.
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President Biden has just finalized a significant climate rule that could pose a challenge for a potential Trump administration to dismantle. The rule levies a fee on oil and gas producers who waste methane, a potent greenhouse gas, by venting or flaring it instead of capturing it. This fee will be imposed by the federal government until these companies address the leaks.
The rule also includes financial incentives for oil and gas companies to invest in fixing leaky pipelines and infrastructure. This dual approach of penalties and incentives aims to motivate companies to reduce their methane emissions and contribute to a cleaner environment.
While it might seem like an executive order could easily reverse this rule, it is a bit more complicated than that. This rule was included in Biden’s climate law, which was passed by Congress in 2022. Undoing it would require another act of Congress, which, while not impossible, could prove to be a challenging and time-consuming endeavor for a Republican-controlled House of Representatives.
The rule’s inclusion in the climate law gives it a stronger legal foundation, making it more difficult for a future administration to simply overturn it through executive action. It would require a concerted effort from Congress to repeal the law itself, which would take significant time and political will.
This rule could be a thorn in the side of a potential Trump administration, who has previously shown a disregard for environmental regulations. While it may be challenging for Trump to completely dismantle the rule, he could potentially find ways to weaken its enforcement or delay its implementation.
However, this rule could face resistance from the Supreme Court, which has already shown a willingness to overturn environmental regulations. With a conservative majority on the court, there is a possibility that the court could declare the rule unconstitutional, further complicating the situation.
Despite these potential challenges, the rule represents a significant step in addressing methane emissions, which are a major contributor to climate change. It remains to be seen how effective the rule will be in achieving its goals, but its inclusion in the climate law makes it a more durable policy than previous executive actions.