BLM fracking rule reinstated by Court of Appeals


District Court ruling is reversed, allowing protections to take effect


Michael Freeman, Earthjustice staff attorney, (303) 996-9615

The Tenth Circuit Court of Appeals in Denver today vacated a lower court ruling that found the U.S. Bureau of Land Management had exceeded its authority when it enacted regulations of hydraulic fracturing on public lands.

Several citizen groups had appealed the U.S. District Court ruling, which invalidated the fracking regulation in June 2015.

“We’re very pleased with the court’s decision,” said Michael Freeman, staff attorney for Earthjustice who represented the citizen groups in the appeal. “The Tenth Circuit vacated the lower court’s ruling, which means the rule will now take effect. These are long-overdue protections for our public lands, water and public health.”

Earthjustice represented the Sierra Club, Earthworks, Western Resource Advocates, The Wilderness Society, Conservation Colorado Education Fund, and the Southern Utah Wilderness Alliance in the case.

Read the Tenth Circuit opinion.

More information on the fracking rule

Hazy air covers an active drilling field in California.
Hazy air covers an active drilling field in California. (Chris Jordan-Bloch / Earthjustice)

Additional Resources

About Earthjustice

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people's health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.