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Wyoming v. DOI

ELR Citation: 47 ELR 20116
Nos. 16-8068, (10th Cir., 09/21/2017)

The Tenth Circuit dismissed a challenge to a DOI rule governing hydraulic fracturing on federal and tribal lands, overturning a lower court ruling. In 2015, BLM finalized a fracking regulation that imposed new well construction, testing requirements, and chemical disclosure requirements, and increased BLM’s oversight. The state of Wyoming and members of the petroleum industry challenged the regulation, claiming that BLM violated the APA by exceeding its statutory authority. A district court held that no statute authorized the BLM or any other federal agency to regulate fracking on public lands, and vacated the rule. Without ruling on the merits of the case, the appellate court vacated the lower court'sdecision, as DOI has expressed its intent to rescind the rule in part or in whole.