In June, a Wyoming federal district court temporarily delayed implementation of the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, while it granted the BLM an extension to lodge its administrative record and permitted the parties more time to file citations to that record in support of their
Bureau of Land Management
BLM Responds To Ute Indian Tribe’s Injunction Motion In Fracking Rule Litigation
By Andrew Pieper on
Following a court hearing and order temporarily delaying the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal public lands, the BLM submitted its response brief opposing the Ute Indian Tribe’s preliminary injunction motion on July 1. Among the BLM’s arguments, it asserted four primary points:
- First, the BLM contends that the
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BREAKING: Wyoming Federal Court Delays Implementation Of BLM’s Final Fracking Rule
By Andrew Pieper on
On the heels of yesterday’s day-long hearing on several preliminary injunction motions in litigation challenging the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, the Wyoming district court has temporarily ordered a delay of the rule’s implementation for at least several weeks. (See our prior coverage of the…
More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow
By Andrew Pieper on
Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary injunction hearing. These briefs are summarized below:
BLM’s Opposition To The Preliminary Injunction Motions Filed By The States Of Wyoming And Colorado…
Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule
By Andrew Pieper on
Since our last update on federal litigation in Wyoming challenging the Bureau of Land Management’s (BLM) final rule to regulate hydraulic fracturing on public lands, the flurry of activity continues in advance of the June 23 preliminary injunction hearing. We’ve summarized several key filings below:
BLM’s Opposition To Preliminary Injunction
On June 1, the BLM filed its brief opposing the preliminary injunction motion entered by the two industry group plaintiffs—the Independent Petroleum Association of America and the Western Energy Alliance. The BLM primarily focuses on two arguments.
First, the BLM contends the industry groups are unlikely to succeed on the merits of their litigation against the rule, and, as a result, a preliminary injunction is unwarranted. In support of its position, the BLM argues:
- It developed the final rule in accordance with appropriate statutes, including the Federal Land Policy and Management Act, which grants the BLM authority to administer public lands and resources.
- The industry can comply with certification requirements, such as the temporary recovered fluid storage requirement, by invoking trade secret protection under the BLM’s existing regulations.
- The final rule is justified and necessary to address modern technological advances and changes in hydraulic fracturing industry.
- The industry groups failed to demonstrate irreparable harm, since there is no imminent risk of disclosure of confidential information.
The BLM also maintained that the public interest would not favor a preliminary injunction, because entering one would deny the BLM tools to prevent environmental harm, including putative groundwater contamination. And, according to the BLM’s arguments, an injunction would detrimentally affect the orderly administration of federal energy policy, causing confusion among the public and the industry as to whether and when its final fracking rule would become effective.Continue Reading Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule