Denver Federal Appeals Court Wants Decision From Trump Administration on Fracking Fight

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The Denver federal appeals court is telling the Trump administration to decide if it wants to defend an Obama-era fracking regulation. The 10th U.S. Circuit Court of Appeals gave a deadline of Wednesday for government lawyers to decide if they will continue the fight for the Interior Department’s hydraulic fracturing rule.

A district court struck down the rules last summer and oral arguments in the fight are set for March 22.

Government lawyers got the notice late Thursday night.

“Given the recent change of Administration and the related personnel changes in the Department of Justice and the Department of Interior, the Court is concerned that the briefing filed by the Federal Appellants in these cases may no longer reflect the position of the Federal Appellants,” the court said.

Oil and gas groups along with the Ute Tribe filed suit against the rule. A spokesman for Earthjustice promised environmental organizations would continue their appeal if the trump administration backs out.

The legal battle could determine whether the Interior Department’s Bureau of Land Management has the authority to regulate fracking. The U.S. District Court for the District of Wyoming ruled last June against the BLM’s authority, prompting the government to waste no time in appealing to the 10th Circuit.

So far there’s no clear indication the Trump administration will back off the appeal.  Interior Secretary Ryan Zinke who took office just a few weeks ago has stated publicly he supports fracking.