Environment | Law

DOI files appeal for fracking rule that applies to Indian Country






A fracking operation in North Dakota. Photo by Joshua Doubek / Wikipedia

The Obama administration is asking the 10th Circuit Court of Appeals to reinstate a rule that imposes hydraulic fracturing standards on public and Indian lands.

The Bureau of Land Management included Indian Country in a rule that was finalized in June. But a judge put a hold on it as part of a lawsuit filed by the Ute Tribe of Utah, four states and two energy industry groups.

Environmental groups filed an appeal last week and were joined by the Department of Justice on Thursday, Natural Gas Intelligence reported. The judge's preliminary injunction will remain in place as the case continues.

The Ute Tribe and other tribes oppose the rule because they contend the BLM lacks the authority to impose fracking standards on Indian lands. The Interior Department believes the Act of March 3, 1909, the Indian Mineral Leasing Act of 1938 and the Indian Mineral Development Act of 1982 require Indian lands to receive the "same protections" as public lands.

Get the Story:
Interior Appeals Decision to Block Fracking Rules on Federal, Tribal Lands (Natural Gas Intelligence 12/11)

Federal Register Notice:
Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands (March 26, 2015)

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