U.S. Court of Appeals for the Tenth Circuit Denies Motion for Injunction to Stop the Issuance of Drilling Permits in the Mancos Shale Formation

On October 29, 2015, the U.S. Court of Appeals for the Tenth Circuit denied a Motion for Injunction Pending Appeal filed by the Diné Citizens Against Ruining our Environment against the U.S. Department of Interior. The motion asked the court to enjoin the U.S. Bureau of Land Management (BLM) from continuing to approve drilling permit applications in the Mancos Shale formation.

In April 2015, the environmental organization filed a Motion for Preliminary Injunction with the U.S. District Court for the District of New Mexico. The U.S. District Court, however, denied the motion in August concluding that the environmental organization had failed to demonstrate the requirements related to the balance of harms between the parties. The environmental organization appealed the District Court’s decision.

In the most recent opinions, the U.S. Court of Appeals for the Tenth Circuit concluded that the Diné Citizens Against Ruining our Environment “have failed to make the requisite showing to support their entitlement to the requested injunctive relief pending appeal.”

Further information on this case is available at docket no. 15-2130 and the case remains pending in the U.S. District Court for the District of New Mexico at docket no. 1:15-cv-00209.

This is an update of an original post dated August 18, 2015.

Written by Chloe Marie - Research Fellow

11/04/2015