The seal of the Ute Tribe of Utah is seen on a gymnasium on the reservation. Photo from Ute Tribe Recreation / Facebook
The Bureau of Land Management lacks authority to impose hydraulic fracturing standards in Indian Country, a federal judge ruled on Tuesday. The agency based the controversial March 2015 rule on provisions in the Mineral Leasing Act of 1920, the Indian Mineral Leasing Act of 1938 and the Indian Mineral Development Act of 1982. But Judge Scott Skavdahl said the laws did not authorize the Obama administration to regulate fracking on lands held in trust for tribes or individual Indians. "[N]either the IMLA nor the IMDA delegates any more specific authority over oil and gas drilling operations than the MLA, nor has BLM promulgated separate regulations for operations on Indian lands," Skavdahl wrote in the 27-page opinion. Skavdahl also determined that the BLM lacked authority to impose fracking standards on public lands. As a result, he said the regulation must be "set aside" permanently. Previously, he had issued an injuntion that put the rule on hold. The decision comes in a lawsuit that included the Ute Tribe and the states of Colorado, North Dakota, Utah and Wyoming. The energy industry also challenged the regulation. Skavdahl is a federal judge in Wyoming so any appeals would be go to the 10th Circuit Court of Appeals. Get the Story:
Judge: US agency lacks authority to set rules on fracking (AP 6/21)
Obama-appointed judge strikes down federal fracking rule (The Hill 6/21) Hydraulic Fracturing Documents:
Press Release | Final Rule Federal Register Notice:
Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands (March 26, 2015)
Join the Conversation
Related Stories
Navajo
Nation lawmakers debate position on hydraulic fracking (05/17) Ute Tribe disputes legality of BLM fracking rule in Indian Country (04/21)
Democrat Bernie Sanders calls for a nationwide ban on fracking (04/12)
Oklahoma named at highest risk of human-induced earthquakes (03/29)
Native Sun News: Tribal activist welcomes pledge to curb fracking (03/21)
Native Sun News: North Dakota tribal members vent about fracking (03/04)
Turtle Mountain Band moved fast to ban fracking on reservation (01/21)
Native Sun News: Voters say no to waste dump near Pine Ridge (01/11)
Native Sun News: Court backs vote on dump near Pine Ridge (12/18)
Native Sun News: Court backs vote on dump near Pine Ridge (12/18)
Environmental groups file appeal over disputed BLM fracking rule (12/04)
Native Sun News: Tribal member speaks out against fracking (11/27)
Republicans push controversial Indian energy bill through House (10/09)
White House blasts Native American Energy Act ahead of vote (10/08)
Ute Tribe and states win injunction against new BLM fracking rule (10/01)
Haskell students to study fracking on North Dakota reservation (07/28)
Judge delays BLM's fracking regulation for another month (07/21)
House to resume consideration of Interior appropriations measure (07/07)
Senate appropriations bill shields tribes from BLM fracking rule (06/26)
Federal judge puts temporary hold on BLM's fracking regulation (06/24)
White House threatens veto of funding bill for Indian programs (06/24)
Southern Ute Tribe loses bid to stop fracking rule on reservation (06/23)
Southern Ute Tribe sues to block fracking rule on reservation (06/22)
Native Sun News: North Dakota tribe sees rise in fracking wells (6/17)
White House questions 'misplaced priorities' in appropriations bill (6/16)
Appropriations measure blocks BIA's federal recognition reforms (6/16)
Appropriations report sounds alarm about land-into-trust agenda (6/15)
Native Sun News: North Dakota tribe hit with another brine spill (05/21)
Authorities look into brine spill on North Dakota reservation (05/19)
Editorial: DOI's new fracking regulations strike the right balance (04/01)
Opinion: Don't include Indian Country in BLM fracking regulation (03/30)
Interior Department includes tribal land in fracking regulation (3/20)
Native Sun News: Oil spill threatens North Dakota tribe's water (03/18)
Native Sun News: Tribe keeps wraps on tests of water after spill (03/09)
Editorial: New York governor makes right decision to ban fracking (12/18)
Winona LaDuke: Fracking bans needed across Indian Country (10/09)
Native Sun News: Tribes urged to ban fracking on reservations (08/12)
Jay Daniels: Concerns about fracking lie with disposal of waste (06/26)
Energy company vows complete disclosure of fracking fluids (04/25)
House committee approves Native American Energy Act (06/13)
DOI extends comment period on rule for hydraulic fracturing (06/06)
DOI defends inclusion of Indian lands in fracking regulation (05/24)
DOI releases update to fracking regulation on Indian lands (5/16)
