The fight over a federal court’s stay against enforcement of new federal regulations covering hydraulic fracturing on federal and Indian lands is far from over. The federal agencies sued by several states fighting the new regulations contend their appeal to the U.S. 10th Circuit Court of Appeals in Denver is not “moot.” In new filings, the agencies are supported by the Sierra Club and other environmental groups.
They argue their appeal should be allowed to move ahead and that the lawsuits filed by the states will only result in fracking to continue under outdated regulations. Sierra Club and others also say they will be denied their statutory right to a timely interlocutory review of the Wyoming District where the original ruling was made last year by U.S. District Judge Scott Skavdahl. The ruling came in a lawsuit filed by the states of Colorado, North Dakota, Wyoming and Utah as well as the Independent Petroleum Association, the Western Energy Alliance and the Ute Indian Tribe.
The Tenth Circuit has refused to overturn Judge Skavdahl’s original order. The court is also being asked by the government and the environmental groups to accelerate their appeal of a preliminary injunction. But the appeals court has denied such a request by the Interior Department. However, it also has rejected the argument made by the Petroleum Association and the Energy Alliance to dismiss the challenges of the federal government.
The fight began one year ago this month when the Bureau of Land Management issued new rules requiring oil and gas operators on federal and tribal lands to obtain a permit before fracking. They would also have to follow certain design, testing and fluid spill mitigation practices and reveal the chemicals used in the process. The new rules prompted the lawsuit.
