Shelly Ventsch

New Town

What’s the value of regulations and laws if they’re ignored? This summer Attorney General Wayne Stenehjem filed a claim for $388 million from the Army Corps of Engineers for failing to enforce laws regarding DAPL protestors, which he said was Corps’ “direct responsibility.”

He also said, “We blame the Army Corps of Engineers because they totally failed to do the things that they are required both by law and by their own regulations.”

A pot calling a kettle black.

Gas capture goals set by the jurisdictional North Dakota Industrial Commission haven’t been met for four months, without rule enforcement. Stenehjem, Governor Burgum, and Ag Commissioner Goehring are the Industrial Commission. According to state law, the commission shall limit production of oil and gas to that amount which can be produced without waste. Flaring meets the definition of “waste” as defined in NDCC 38-08-02, and NDCC 38-08-03 states “Waste of oil and gas is prohibited.” North Dakota Administrative Code 43-02-03-06 also prohibits waste. Instead of enforcing state law and its own gas capture regulations, the Industrial Commission revised policy on flaring “giving industry more flexibility to comply” and many “exceptions” (excuses) are made for non-complying companies. Instead of enforcing flaring regulations, Governor Burgum’s encouraging pumping 2 million barrels/day.

It’s pathetic that instead of NDIC enforcing the laws, gas capture goals are met by some companies because “industry’s tapping the brakes a little bit” (Lynn Helms). Industry-doing NDIC’s job.

In November the target changes from 85% capture to 88%, although percentages are deceiving. In September 2017, 17% flared equaled 323 million cubic feet of waste. In June 2018, 17% flared equaled 388 million cubic feet of waste.

Stenehjem should file a claim against themselves for failing to enforce the law, causing waste of gas and a huge loss of revenue.