Methane Regulation

Offset Credits for Methane Capture Projects: We have represented multiple private clients on projects that would generate greenhouse gas offset credits for the capture of methane from inactive coal mines.

Oil and Gas Production: A Kaplan Kirsch lawyer represented a nonprofit organization in a rulemaking that developed the first statewide regulations controlling methane emission from oil and gas production facilities, which has since become a model for regulations in other states, federally and in other countries. That work also produced a rulemaking aimed at strengthening restrictions on venting and flaring from oil and gas operations. Additionally, we represented a nonprofit organization and a group of local governments in developing a first-in-the-nation, performance-based program for the transmission segment of oil and gas production, which resulted in a steering committee establishing segment-wide targets applicable to industry and secured the regulation’s adoption. We also represented parties in rulemakings that expanded leak detection and repair (LDAR) requirements for oil and gas production facilities and successfully defended those rules against legal challenges, which were ultimately dismissed by the Colorado Supreme Court.

Methane Monitoring from Pre- and Early Production Phases: The firm represented a coalition of more than 40 local governments and a national nonprofit organization in a state rulemaking proceeding that instituted a first-in-the-nation program for monitoring methane, and other pollutants, from pre-production and early production phases of oil and gas production.

Pneumatic Controllers: We represented a nonprofit organization in a state rulemaking proceeding to institute innovative efforts to control and eliminate methane emissions from pneumatic controllers by requiring zero-bleed pneumatic controllers at sites with access to electricity and through implementation of a statewide find-and-fix program.

Control Techniques Guidelines Adoption: Our team successfully advocated for Colorado to become the first state in the nation to adopt the Environmental Protection Agency’s (EPA) Control Techniques Guidelines to manage pollution, including methane, from oil and gas facilities.

Flowline Safety and Integrity Protocols: We represented the survivor of a home explosion — caused by an improperly abandoned natural gas flowline — in a rulemaking proceeding before the COGCC aimed at enhancing flowline safety and integrity protocols and preventing future uncontrolled releases.

Federal Methane Regulations: The firm provided strategic counsel to a nonprofit organization on EPA authority to regulate methane emissions under the Clean Air Act. We also advised and supported a nonprofit organization in defense of federal methane regulations and represented the organization in an affirmative challenge to the rollback of those challenges.

Federal Land Management Decisions: We advised several local governments and nonprofit organizations on methane issues related to natural resilience, soil health and opportunities to advocate for analyses of methane impacts in federal land management decisions. We also represented a nonprofit organization challenging a land management decision due to the climate impacts associated with opening land to oil and gas leasing.

Methane Capture and Beneficial Use: Our lawyers advised several local governments and a nonprofit organization on capturing coal mine methane produced through power generation, putting it to beneficial use and generating greenhouse gas credits.

Natural Gas-Powered Vehicle Fleet: We led an effort to convert a state agency’s vehicle fleet from gasoline-powered motor vehicles to natural gas-powered motor vehicles.

Local Oil and Gas Regulations: A firm attorney advised counties on developing local oil and gas regulations and operator agreements.