Big Sky Times

Montana Attorney General Austin Knudsen, along with three other state attorneys general, has filed a lawsuit against the Biden administration's energy rule, which is deemed overreaching and detrimental to Montana's economy. The lawsuit, the 43rd filed by Attorney General Knudsen against the Biden administration, challenges a Bureau of Land Management (BLM) rule that mandates a preference for mineral interests using flaring over venting to dispose of waste.

According to Attorney General Knudsen, the rule will make oil and gas development more expensive and reduce production in Montana, stating, "This is once again another attack on Montanans by the Biden administration to promote its radical green agenda."

A Wyoming federal court had previously ruled in favor of vacating a similar BLM rule in 2016, determining that there was no difference in the amount of wasted methane whether it was vented or flared. The court concluded that the rule was fundamentally an air emissions rule disguised as a waste prevention rule.

The current 2024 rule is seen as even more unlawful by Attorney General Knudsen, as BLM is attempting to expand its authority over federally owned oil and gas to regulate vast amounts of state-owned and privately-owned resources. This move is projected to cost Montana millions of dollars in taxes, with royalties paid to mineral owners, including the state, being reduced. These royalties fund various essential sectors such as education, transportation, and retirement funds.

Attorney General Knudsen has joined forces with attorneys general from Texas and Wyoming in a North Dakota-led lawsuit against the Biden administration's energy policy, expressing concerns over the impact on jobs and the state's economy.