Procedural Guarantees

State of Wyoming v. Zinke

Bureau of Land Management threatens to end fracking boom

The Bureau of Land Management (BLM) purports to regulate all “hydraulic fracturing” – fracking – on federal lands based on the potential impacts of fracking to underground drinking water sources, despite the fact that Congress’s Energy Policy Act lets states, not federal agencies, decide how best to regulate fracking’s potential groundwater impacts. BLM denied that the Energy Policy Act undermines its claim of authority, because the statute doesn’t expressly prohibit it from adopting this regulation. The trial court scrutinized this bureaucratic expansion of power and struck down the unlawful regulation. PLF supports the frackers as they defend the lower court decision in the Tenth Circuit.

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