September 25, 2017

25 September 2017

Tenth Circuit Dismissal of BLM Hydraulic Fracturing Rule Leads to Regulatory Uncertainty

A September 27, 2017 decision by the U.S. Court of Appeals for the Tenth Circuit has created significant confusion on whether federal regulations governing hydraulic fracturing on federal and Indian lands are now in effect. At first blush, the decision appeared to be a victory for the states and industry groups that sued to block the regulations, but the court’s remedy — vacating a lower court decision striking down the rule — has left the U.S. Bureau of Land Management (BLM), states, industry and environmental groups with very different views about the current legal obligations for oil and gas companies operating on federal and Indian lands.  (more…)