Brief on Repeal of Interior’s Valuation Rule
In 2016, the Department of the Interior’s Office of Natural Resources Revenue (ONRR) issued the Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform (Valuation Rule). The Valuation Rule sought to ensure that states and the federal government receive the full value of royalties due under the law for oil, gas, and coal extracted from public land. In 2017, ONRR abruptly reversed course and repealed the rule. State attorneys general have now sued ONRR over the repeal and filed a motion for summary judgment. In our brief supporting the plaintiffs, we argue that ONRR did not provide a reasoned explanation for repealing the Valuation Rule, both because ONRR fails to accurately assess the repeal’s economic impact and because ONRR fails to provide a reasoned explanation for its abrupt change in course.