Energy expert weighs in on 23 state attorneys general suing EPA over new methane emissions fee

Steve Milloy, a former Trump administration EPA official, said that Congress needs to remake the law in order for the new methane emissions rule to be reversed.

Flames rise up from a flaring pit near a well in the Bakken Oil Field. One of the primary components of natural gas is methane, which is odorless when it comes directly out of the gas well. 

"The IRA clearly says EPA is to levy a tax and prescribes the tax rate," Milloy told Fox News Digital, pointing to the section of the IRA's "Waste Emissions Charge" that sets a threshold for methane emissions at 25,000 metric tons. "I will be interested to see how the states support their claims." 

Nonetheless, Milloy is against the new fee on the oil and gas sector, noting methane is an "irrelevant greenhouse gas."

"The tax is pointless and will accomplish nothing except to make oil and natural gas more expensive," he said.

Milloy suggested the move to sue in the final days of the Biden administration is to start the process for the plaintiffs to settle with the Trump administration. According to him, this is a tactic that has been used by both sides of the green energy debate. He added that in the past, the Trump administration has sought to get rid of "sue and settle" tactics.

"Congress needs to change the law," Milloy said. "Because, let's say that they sue and settle, well, the next administration can come back and undo it."

A herd of cows on the pasture is seen near Allerup, Denmark, on Aug. 5, 2021. A project in Denmark aims to reduce dairy cows' methane emissions by half through a triple-action cattle feed additive developed to limit the enteric formation of methane. (Michal Fludra/NurPhoto via Getty Images)

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"The Biden-era environmental regulations aren’t going to magically vanish at 12:01 on Monday. It’s going to take time and legislation to unwind the mess that he has left behind," Buschbacher said.

The EPA declined to comment on the matter, citing the pending nature of the litigation.

https://www.foxnews.com/politics/energy-expert-weighs-23-state-attorneys-general-suing-epa-over-new-methane-emissions-fee