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Document Type

Note

Abstract

In this comparative study, I will analyze the various methods employed by states for monitoring and curtailing methane leakage in comparison with approaches that have been employed at the federal level. I will juxtapose the regulatory regimes of Colorado, North Dakota, New York, Pennsylvania, New Mexico, and California with the Obama Administration methane leakage regulations, including the 2016 Bureau of Land Management (BLM) "methane waste rule" regulations that the Trump Administration formally rolled back in September 2018. Finally, I will consider what the failure of the Obama Administration methane leak regulations means for climate change law in the United States and will argue that there is a compelling need for stronger methane leakage regulation at the state level. While California arguably has the most comprehensive and effective state-level regulations in place, California's regulatory scheme is not a one-size-fits-all solution to methane leakages. To prevent or halt the progress of climate change, I contend that other states should adopt regulatory schemes driven by their own state-specific needs. If fugitive methane emissions are to be curbed in future years, there will need to be significant state-level regulatory efforts.

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