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10th Circ. Won’t Nix BLM Appeal In Fracking Fight

The Tenth Circuit let the Bureau of Land Management continue to challenge an injunction on a rule governing hydraulic fracturing on federal and tribal land Wednesday, but the court also declined to speed up the appeal.

In a brief order, the Tenth Circuit denied a request by industry trade groups Independent Petroleum Association and Western Energy Alliance to dismiss for imminent mootness the federal government’s appeal of a Wyoming federal judge’s preliminary injunction on a fracking rule requiring permits — a rule the groups are fighting alongside several Western states.


Paul M. Seby of Greenberg Traurig LLP, who represents North Dakota, told Law360 the ruling was welcome.

“Today’s welcome order from the appeals court follows what North Dakota and the other states asked — that we proceed to briefing in the district court on the merits without undue distraction from the BLM and environmental group’s premature appeals,” Seby said. “The preliminary injunction obtained against BLM’s unlawful rule needs to be respected through the district court’s full consideration of the case.”

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