It's not often that you see a Wyoming judge's opinion mentioned in the New York Times. So when I did, I read a little closer.
The article outlines Judge Skavdahl's determination that the Bureau of Land Management ("BLM") lacked authority to regulate oil and gas extraction and operations on public lands. A preliminary injunction has been granted against the BLM.
When I read Judge Skavdahl's decision, I perked up and read even closer...
The Order on Motions for Preliminary Injunction can be publically accessed via the US District Courts of Wyoming Published Documents site here. When reading the Order, one feels as though she is reading a groundbreaking document of significance – like we just dumped tea into the Boston Harbor to revolt against improper taxation by British Parliament. The ruling feels significant, even though overall, only a fraction of lands are impacted. Only time will tell, after all, it is only a preliminary injunction at this point.
By way of background, the BLM issued regulations this spring that attempted to regulate oil and gas development on federal and tribal lands. The main focuses of the regulations were threefold: wellbore construction, chemical disclosures and water management. As we previously discussed in " BLM Hydraulic Fracturing Rules Stayed," suit was filed in the United States District Court for the District of Wyoming challenging the regulations.
"The fracking rule creates an overlapping federal regime, in the absence of congressional authority to do so, which interferes with the states' sovereign interests in, and public policies related to, regulation of hydraulic fracturing," Judge Scott Skavdahl wrote in his ruling, granting the preliminary injunction.
The case is expected to be argued later this year. Stay tuned for more information – we will closely watch the progression of this case.
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