A fracking operation in North Dakota. Photo by Joshua Doubek / Wikipedia
The Obama administration is asking the 10th Circuit Court of Appeals to reinstate a rule that imposes hydraulic fracturing standards on public and Indian lands. The Bureau of Land Management included Indian Country in a rule that was finalized in June. But a judge put a hold on it as part of a lawsuit filed by the Ute Tribe of Utah, four states and two energy industry groups. Environmental groups filed an appeal last week and were joined by the Department of Justice on Thursday, Natural Gas Intelligence reported. The judge's preliminary injunction will remain in place as the case continues. The Ute Tribe and other tribes oppose the rule because they contend the BLM lacks the authority to impose fracking standards on Indian lands. The Interior Department believes the Act of March 3, 1909, the Indian Mineral Leasing Act of 1938 and the Indian Mineral Development Act of 1982 require Indian lands to receive the "same protections" as public lands. Get the Story:
Interior Appeals Decision to Block Fracking Rules on Federal, Tribal Lands (Natural Gas Intelligence 12/11) Federal Register Notice:
Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands (March 26, 2015)
Join the Conversation
Related Stories:Environmental groups file appeal over disputed BLM fracking rule (12/04)
Native Sun News: Tribal member speaks out against fracking (11/27)
Republicans push controversial Indian energy bill through House (10/09)
White House blasts Native American Energy Act ahead of vote (10/08)
Ute Tribe and states win injunction against new BLM fracking rule (10/01)
Haskell students to study fracking on North Dakota reservation (07/28)
Judge delays BLM's fracking regulation for another month (07/21)
House to resume consideration of Interior appropriations measure (07/07)
Senate appropriations bill shields tribes from BLM fracking rule (06/26)
Federal judge puts temporary hold on BLM's fracking regulation (06/24)
White House threatens veto of funding bill for Indian programs (06/24)
Southern Ute Tribe loses bid to stop fracking rule on reservation (06/23)
Southern Ute Tribe sues to block fracking rule on reservation (06/22)
Native Sun News: North Dakota tribe sees rise in fracking wells (6/17)
White House questions 'misplaced priorities' in appropriations bill (6/16)
Appropriations measure blocks BIA's federal recognition reforms (6/16)
Appropriations report sounds alarm about land-into-trust agenda (6/15)
Native Sun News: North Dakota tribe hit with another brine spill (05/21)
Authorities look into brine spill on North Dakota reservation (05/19)
Editorial: DOI's new fracking regulations strike the right balance (04/01)
Opinion: Don't include Indian Country in BLM fracking regulation (03/30)
Interior Department includes tribal land in fracking regulation (3/20)
Native Sun News: Oil spill threatens North Dakota tribe's water (03/18)
Native Sun News: Tribe keeps wraps on tests of water after spill (03/09)
Editorial: New York governor makes right decision to ban fracking (12/18)
Winona LaDuke: Fracking bans needed across Indian Country (10/09)
Native Sun News: Tribes urged to ban fracking on reservations (08/12)
Jay Daniels: Concerns about fracking lie with disposal of waste (06/26)
Energy company vows complete disclosure of fracking fluids (04/25)
House committee approves Native American Energy Act (06/13)
DOI extends comment period on rule for hydraulic fracturing (06/06)
DOI defends inclusion of Indian lands in fracking regulation (05/24)
DOI releases update to fracking regulation on Indian lands (5/16)