BISMARCK, N.D. - With the state's recent decision to relax methane-flaring regulations and the federal government deferring to states, North Dakota regulations are moving away from the rest of the country.

The North Dakota Industrial Commission voted to stay on its current track and increase gas-capture goals from 85 percent to 88 percent in January, but has added wiggle room for oil and gas producers to meet that goal. The industry has failed to meet the current capture goal five months in a row.

With the Bureau of Land Management's decision to rescind Obama-era flaring rules, Joel Minor, senior associate attorney with Earthjustice, said it's the state's prerogative to come up with its own guidelines.

"Those state flaring standards in North Dakota are really the only applicable standards for flaring right now," he said, "because the Bureau of Land Management has said that complying with the state flaring standards counts as complying with the federal standards as well."

Standards vary greatly between states and tribes. Earthjustice has filed a lawsuit on behalf of such groups as the Western Organizations of Resource Councils and Fort Berthold POWER against BLM for rescinding the methane-flaring rules. The Interior Department has said the Obama-era regulations were too burdensome on the industry.

The U.S. Environmental Protection Agency also has proposed scaling back methane regulations for new operations on private lands. In November, the agency held a single public meeting on the proposal in Denver, attracting people from across the country, including Lisa Deville, president of Fort Berthold POWER in western North Dakota. Deville said she and her husband have felt the health effects from nearby flaring operations and traveled to Colorado to tell their story.

"I'm always anxious to do these things," she said. "So, whether the U.S. government does anything about it, I just put pressure on them to have them understand what I have to live with."

The proposal is open for public comment until Dec. 17.

North Dakota operators flared nearly 460 million cubic feet of natural gas per day in September - a record amount.

It doesn't have to be this way, said Mark Trechock, retired director of the Dakota Resource Council, adding that other states have done a better job of reining this in, such as Alaska, where flaring was prohibited in 1971.

"It's a real stark contrast between what Alaska has done, which is very thoughtful and a sensible approach," he said, "whereas North Dakota, it seems like the industry is running state policy on this."


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As state budget negotiations continue, groups fighting climate change are asking California lawmakers to cut subsidies for oil and gas companies rather than slash programs designed to slow global warming.

Gov. Gavin Newsom's current proposal would cut oil and gas tax breaks by $22 million this year and $17 million the following year.

Barry Vesser, COO for The Climate Center, a nonprofit advocacy group, would like to see all subsidies eliminated.

"Oil and gas companies are one of the drivers of climate change, so we should not be making their profit margins bigger by providing public subsidies, and making it harder for renewables to compete against them," Vesser argued.

Gov. Newsom has also proposed to cut funding for climate-friendly programs helping lower-income families buy an electric vehicle or switch from gas to electric appliances.

Kevin Slagle, vice president of strategic communications for the Western States Petroleum Association, said in a statement, "California's already tough business climate is pushing companies to the brink. Removing incentives will drive California straight into the arms of more expensive foreign oil, ramping up costs for everyday Californians who can least afford it."

Vesser countered the threat of higher gas prices is a red herring.

"There's a lot that goes into calculating how much the cost of gas is, and this is not even pennies on the dollar," Vesser contended.

The state Senate's early action proposal estimated the budget deficit will be between $38 billion and $53 billion. The governor is expected to release new details on his budget priorities in mid-May. The Legislature must pass a balanced budget by June 15.

The New York HEAT Act might not make the final budget.

The bill reduces the state's reliance on natural gas and cuts ratepayer costs by eliminating certain rules. It was in both legislative chambers' one-house budgets, but last-minute scrambling could remove it.

New York League of Conservation Voters Policy Director Patrick McClellan said, aside from people's preference for natural gas, other challenges have made the bill hard to pass.

"I think that there has also been some irresponsible fear-mongering against this bill from some people who oppose it," said McClellan, "basically telling people this means that their natural gas service is going to be taken away from them tomorrow, or it's going to happen without warning, and that's just not the case."

The bill would not mean gas companies could walk away from providing service to new customers, since its effects occur over a longer period.

Rural lawmakers have been skeptical about relying solely on electricity, since people could lose power in bad storms.

If the bill isn't part of the budget, McClellan said the Public Service Commission can do more to require gas utilities factor climate change into their long-term plans.

It will take more than one bill for New York State to reach its climate goals.

McClellan said developing thermal energy networks is one way to build on what the HEAT Act would do, and provide good ways to decarbonize on a larger scale instead of going house by house.

"You're able to get a larger number of buildings and people all at once," McClellan explained. "The other exciting thing about thermal energy networks is, because you are talking fundamentally about piping systems that are underground, it's an extremely similar skill set for people who already work in the fossil fuel industry."

The bill would also eliminate the Hundred Foot Rule. This requires utilities to connect new customers to a gas line for free based on their distance to an existing main gas line, typically 100 feet.

This rule allowed utilities to shift around $1 billion in costs onto about 170,000 ratepayers.

Virginia's General Assembly will consider budget amendments to reenter the Regional Greenhouse Gas Initiative, known as RGGI.

Gov. Glenn Youngkin pulled the state out of RGGI at the end of 2023, and now experts said the holes in the budget left by RGGI funding going away are not being filled. Money from the program was used to fund climate mitigation work.

Jay Ford, Virginia policy manager for the Chesapeake Bay Foundation, said the state saw many benefits when it was part of RGGI.

"We were reducing fossil fuel emissions that were being created here in Virginia," Ford pointed out. "There were some clear reductions as a result of our participation. So, we're improving air quality and we are helping expedite that transition to a clean economy."

Virginia residents mostly favored staying in RGGI, but Youngkin has said the reason for pulling out was in his view, it was a "hidden tax" for ratepayers. Ford estimated homeowners paid around $2 a month from their electric bills for RGGI and argued the trade-offs were worth it.

Between 2021 and 2023, RGGI revenue generated around $828 million for Virginia. Ford thinks not rejoining the initiative could slow down Virginia's ability to reach the Clean Economy Act's climate goals, and warned other effects could be costly to communities.

"On the ground in communities around the state, if we don't get back into RGGI, there's a real potential that the work to prepare the Commonwealth, and prepare our communities for climate impacts, could grind to a halt," Ford contended.

Virginia used RGGI money to help towns and cities fund their climate resilience plans. The state used 25-million RGGI dollars to establish a Climate Resilience Fund. There have been 107 "billion-dollar disasters" since 1980 in Virginia, with long-term costs totaling between $20 billion and $50 billion.