BLM released the final rule to regulate HF on federal and tribal lands in late March. Two industry groups, the states of Wyoming, North Dakota, Colorado and Utah, and the Ute Indian Tribe of the Uintah and Ouray Reservation are part of a consolidated lawsuit in the District of Wyoming to block the regulations.
On September 30, the court granted a preliminary injunction in the case, staying the rule’s effectiveness nationwide until the court issues a final decision in the case. In the order, the court stated that it “does not believe Congress has granted or delegated to the BLM authority to regulate fracking.” Moreover, the court said that even if it found BLM had authority to regulate HF, it was “troubled” by the lack of evidentiary support for the rule.
