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The Latest On: Fracking

September 21, 2017 | Legal Document

BLM Fracking Rule 10th Circuit Opinion

In these cases, we are asked to decide whether the Bureau of Land Management (BLM) acted beyond its statutory authority when it promulgated a 1 regulation—43 C.F.R. § 3162.3-3 (2015)1—governing hydraulic fracturing (fracking) on lands owned or held in trust by the United States. The district court invalidated this regulation (hereinafter, the Fracking Regulation) as exceeding the BLM’s statutory authority. While these appeals were pending, a new President of the United States was elected. After that change in Administration, and at the President’s direction, the BLM began the process of rescinding the Fracking Regulation. Given these changed and changing circumstances, we conclude these appeals are prudentially unripe. As a result, we dismiss these appeals and remand with directions to vacate the district court’s opinion and dismiss the action
without prejudice.