SALT LAKE CITY -- A federal judge ordered the Trump administration late Wednesday to implement an Obama-era rule that forces oil and gas companies to capture excess natural gas rather than burn it or vent it into the air.

The Feds had been stalling key provisions of the Methane Waste Rule, but the judge said it was illegal because they tried to do it without taking public comment. Meanwhile hours earlier, Secretary of the Interior Ryan Zinke released for public comment a proposal that would suspend the rule entirely until January 2019.

Herman Farley, president of the Red Mesa Chapter government of the Navajo Nation, said the rule provides important health protections for his people and ought to be enforced.

"It's not proper and I don't think that's right,” Farley said. "My people live where they flare and release a lot of toxic gas that continuously contaminates the air quality within the area."

The administration first tried to get Congress to overturn the rule earlier this year but failed when three Senate Republicans joined Democrats who wanted to see the rule enforced. Conservation groups say companies leak or intentionally waste about $330 million a year worth of methane - enough to supply about 1.5 million homes.

The rule forces companies to install equipment to capture methane, which is then taxed and provides royalties to the state and tribes.

Farley traveled to Washington, D.C., this spring to speak with lawmakers, many of whom argued that the states should decide the issue, even though states have no jurisdiction on tribal lands.

"And if you give to the states, we have no agreement or any type of a treaty with the states and they'll just pull anything on us,” he said.

The American Lung Association has said methane gas emissions are a potent greenhouse gas that forms smog that can worsen the suffering of people with asthma.

The proposal to suspend the rule appears in the Federal Register today, which kicks-off a 30 day public comment period. You can put in your two cents at Regulations.gov.


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Despite different outcomes - New York's first offshore wind farm came online and New Jersey had one canceled - both states are benefiting from offshore wind. Job creation and economic growth are predicted, as New Jersey's decarbonization efforts could create 20,000 jobs.

The New Jersey Wind Port being developed in Salem County is expected to create up to 1,500 jobs.

Caren Fitzpatrick, former Atlantic County Commissioner, said it's time the area had a viable industry again.

"They used to be known for growing asparagus and harvesting oysters. And due to blight and overfishing, those industries went away. They're starting to come back now, but they're not big enough to support the families that live in this area," Fitzpatrick argued.

After Ocean Wind's cancellation, the New Jersey Board of Public Utilities is moving on. This year, it has approved two projects that would power close to 2 million homes, create 27,000 jobs and provide a $3 billion boost to the state's economy.

Beyond job growth and economic development, New Jersey Assemblymember Carol Murphy, D-Cinnaminson, contended public health will also improve as the state shifts to cleaner energy sources.

"The transition from fossil fuel to clean energy power will improve air quality, water quality, reduces cases of medical illness such as asthma, heart disease and cancer, and this will save billions of dollars in healthcare costs," she explained.

Offshore wind projects have faced tough odds to get this far. Misinformation has made the public skeptical. But lawmakers in both states have signed letters voicing their commitment to these projects.

New York Assemblymember Angelo Santabarbara, D-Schenectady, said it's only the beginning.

"Let's continue to push forward for a brighter, cleaner future for all here in New York, but for the entire country as we move forward. Together, we can harness the power of offshore wind to build a better tomorrow, and in Schenectady we're doing it one turbine at a time," Santabarbara said.

With the South Fork Wind Farm online, attention is turning to other projects like Empire Wind 1, the first offshore wind project connected to New York City's grid. In March, the developer's agreement was approved by the Federal Energy Regulatory Commission.

Later this month, Indigenous leaders will speak before a United Nations panel about their ongoing concerns with a controversial oil pipeline in the Great Lakes region.

Enbridge Energy's Line 5 operation is likely to come up when the Permanent Forum on Indigenous Issues convenes in New York.

Back in the Midwest, organizations such as Earthjustice represent the Bad River Band of Lake Superior Chippewa.

The tribe has been contesting Line 5 in Wisconsin as Enbridge seeks to re-route the pipeline.

Earthjustice Senior Attorney Stefanie Tsosie said the proposal isn't an improvement in minimizing the effect on tribal lands.

"The Bad River Band is already at a risk of an oil spill because the pipeline is going directly through their reservation," said Tsosie, "and the re-route, if you look at the map, it's basically hugging the reservation boundaries."

She said her team is preparing for litigation if permits for the re-route are issued.

The tribe has previously filed lawsuits against Line 5 in an effort to shut it down, prompting the latest route plans. Similar cases have been active in Michigan.

Enbridge argues the pipeline is a key source of energy and rejects claims and legal decisions that it's trespassing on tribal lands.

On the Michigan side, opponents say they're worried about Enbridge's latest Line 5 plans to construct an oil tunnel beneath the Straits of Mackinac, a connecting waterway.

The company says it would be safer than the existing pipeline section, but Native American Rights Fund Senior Staff Attorney Wes Furlong said there's real concern about a worst-case scenario.

"If a leak happened within that tunnel, it would cause a catastrophic failure," said Furlong, "pumping crude oil into the Straits and into the Great Lakes."

He said pushing back against Line 5 aligns with calls to reduce the use of fossil fuels, citing their connection to climate change and the impact on treaty-reserved resources Midwest tribes rely on.

First built in 1953, the pipeline can transport up to 23 million gallons of oil and natural gas liquids per day.




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Iowa is accepting bids from people who want an EV charging station on their land. It's part of a nationwide network of infrastructure designed to meet the needs of electric vehicle owners.

The National Electric Vehicle Infrastructure Program, or NEVI, will provide funding to build charging stations every 50 miles along U.S. interstate highways - from coast to coast.

In Iowa, that includes I-80, 380, 29 and 35.

The Iowa Environmental Council's Energy Policy Counsel Steve Geyer said businesses, electric utilities, nonprofits, towns - and even private landowners, such as farmers - can apply, as long as their land is within a mile of the freeway and meets other criteria.

"Suppose you are that farmer and you are at one of those locations," said Geyer. "Sure. If you have the availability to raise the capital, that's one of the criteria. You have to be able to demonstrate that you either have ownership of the land or you have the rights to the land."

The deadline to apply for the grants is April 19.

Each location will have four rapid-charging ports, but Geyer said they won't just be bare-bones places to power up the EV.

"Every location has to have some form of not only restroom facilities," said Geyer, "but also - be it a convenience store or vending machines, et cetera - recognizing that it will take some time to charge your car so you need, presumably, something to do during that time."

Applications go through the Iowa Department of Transportation.



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