Litigation Continues Regarding Preliminary Injunction Order Enjoining the BLM Rule’s Enforcement

On November 16, 2015, a group of environmental organizations filed a Motion for Final Judgment or Stay of District Court proceedings pending appeal in the case State of Wyoming, et al,. v. U.S. Department of Interior, et al.. The respondents are asking the court to consolidate its prior preliminary injunction order with a final judgment ending the litigation on the merits or to stay proceedings in this case so that they can appeal the preliminary injunction order to the 10^th U.S. Circuit Court of Appeals.

In September 2015, the U.S. District Court for the District of Wyoming granted petitioners’ motions for preliminary injunction barring enforcement of the BLM rule governing hydraulic fracturing on federal and tribal lands. The District Court concluded that the BLM did not receive authority from Congress to regulate hydraulic fracturing.

In their brief in support of the Motion, the environmental organizations alleged that “[b]ecause of [the court’s] dispositive legal ruling, proceedings over the scope of the administrative record, or further briefing on the merits, will very likely be immaterial to a final judgment entered in this Court.” They also argued that “[i]t would be a waste of the resources of the Court and the parties to pursue further litigation [if] the Tenth Circuit [was] reviewing the Court’s dispositive ruling that BLM lacks legal authority to adopt the rule.”

More information on this case is available at docket no. 2:15-cv-00043. 

Written by Chloe Marie - Research Fellow

11/18/2015

COURT OF COMMON PLEAS GRANTS PRELIMINARY INJUNCTION TO STOP DEVELOPMENT DURING CHALLENGE OF MUNICIPAL ZONING ORDINANCE

The Butler County Court of Common Pleas issued a preliminary injunction on June 26, 2015, that will temporarily prevent any unconventional gas well activities at 451 Denny Road, Middlesex Township. The preliminary injunction will stay in effect until a final judgment is decided on a challenge to the validity of the township Zoning Ordinance.

In August 2014, the Middlesex Township amended its Zoning Ordinance allowing oil and gas activities in many of the zoning districts in the township. Based on Article 1 Section 27 of the Pennsylvania Constitution, the Environmental Rights Amendment, some residents in Middlesex Township, along with environmental groups Delaware Riverkeeper Network and Clean Air Council, challenged the ordinance’s amendment before the Middlesex Township Zoning Hearing Board. They claimed that the ordinance’s amendment violated their rights to health and environmental safety. Rejecting their arguments, the three members of the Zoning Hearing Board voted to uphold the amended Zoning Ordinance. Two township residents and environmental groups appealed the Zoning Hearing Board’s decision to the Court of Common Pleas.

As a result of the court’s ruling, oil and gas activities will be stopped at 451 Denny Road, Middlesex Township, providing that appellants file a surety bond of $250,000 by July 26 so as to compensate oil and gas companies’ potential losses if the appeal is unsuccessful. 

Written by Chloe Marie - Research Fellow

07/02/2016

U.S DISTRICT COURT OF WYOMING DELAYS THE EFFECTIVE DATE OF BLM’S NEW REGULATION FOR FRACKING ON FEDERAL AND INDIAN LANDS

Following a preliminary injunction hearing, the U.S. District Court for the District of Wyoming issued a temporary order, on June 24, 2015, delaying the effective date of BLM’s regulation governing hydraulic fracturing on Federal and Indian lands. The regulation was originally set to take effect on this same day. This temporary order will remain in effect until the court makes a final ruling in this litigation.

On May 15, 2015, the Independent Petroleum Association of America and the Western Energy Alliance filed a  motion for a preliminary injunction challenging various provisions of the rule that both groups deemed “arbitrary” and lacking of “rational justification.”

Subsequently, the states of Wyoming and Colorado joined the suit and filed a preliminary injunction motion on May 29, 2015, arguing that only states are authorized to regulate hydraulic fracturing in accordance with the Safe Drinking Water Act and the 2005 Energy Policy Act. The states argue that such regulation will harm their sovereignty interest by interfering with existing state regulations. BLM’s response to the states’ arguments was presented in their brief submitted on June 12, 2015.

On June 22, 2015, the Southern Ute Indian Tribe – which already has filed suit against BLM in U.S. District Court for the District of Colorado at docket no. 1:15-cv-01303-JLK – filed a motion to intervene in the lawsuit against BLM, alongside the states of Wyoming, Colorado and North Dakota, and the two industry groups.

The case remains pending in the U.S. District Court for the District of Wyoming, at docket no. 2:15-cv-00041-SWS.

Written by Chloe Marie - Research Fellow

06/26/2015