BLM fracking regulations overturned

A federal appeals court in Denver on Thursday handed environmental groups what could be a short-lived victory, overturning a lower court that said the U.S. Bureau of Land Management exceeded its authority by issuing regulations on hydraulic fracturing on public lands.

The 10th U.S. Circuit Court of Appeals noted that the Trump administration is now proposing to scrap the rules altogether.

The oil and gas industry and states, including Colorado, had asked the appeals court to hold off indefinitely on deciding whether the agency had the right to develop a rule that supporters say would protect public land from harm.

In 2016, the U.S. District Court of Wyoming concluded that no statute authorized the BLM or any other federal agency to regulate fracking, saying that only the states had the authority to regulate the process, which involves injecting liquid at high pressure into subterranean rock to open existing fissures and extract oil or gas.

The court invalidated the rule, saying the BLM had acted beyond its statutory authority. The Sierra Club, Earthworks, Western Resource Advocates, The Wilderness Society, Conservation Colorado Education Fund and others appealed the ruling.

However, Trump administration officials have since launched a rule-making process aimed at killing the rule outright.

Responding to that, the BLM opened a 60-day notice and comment period that ends Monday, according to the appellate court opinion, issued Thursday.

“Our proceeding to address whether the district court erred in invalidating the BLM’s fracking regulation when the BLM has now commenced rescinding that same regulation appears to be a very wasteful use of limited judicial resources,” the court said.

Given that the BLM is rescinding the regulation and other changing circumstances, “we dismiss these appeals and remand with directions to vacate the district court’s dismiss the court ruled.

Both sides declared victory.

The Western Energy Alliance and the Independent Petroleum Association of America released a statement calling the BLM’s original rule ill-conceived, saying the groups are pleased with the decision. An environmental group echoed that sentiment.

“The 10th Circuit vacated the lower court’s ruling, which means the rule will now take effect,” said Michael Freeman, staff attorney for Earthjustice and who represented citizen groups in the appeal. “These are long-overdue protections for our public lands, water and public health.” opinion and action,” the