Tuesday, March 31, 2015

SENATE INTRODUCES BILL TO BLOCK BLM RULES FOR FRACKING ON FEDERAL LANDS; HOUSE CONSIDERS SAME

By TONI ELLINGTON 

The Senate has introduced a bill to block recently announced Bureau of Land Management (“BLM”) rules for hydraulic fracturing on federal and Indian lands. The bill, introduced by Senator James Inhofe, R-Oklahoma, and 26 other sponsors, would block the new rules. House Majority Leader Kevin McCarthy, R-California, announced that similar legislation is being considered in the House of Representatives. These members of Congress claim the BLM rules would stifle economic development by regulating fracking. The American Petroleum Institute issued a statement that the BLM rules would create a “duplicative layer of new federal regulations.”

In addition, two industry groups and the State of Wyoming have filed suit to vacate and remand the BLM rulemaking decision. See Independent Petroleum Assoc. of America & Western Energy Alliance v. Sally Jewell, et al., Case No. 15-cv-41-F (D. Wy. Mar. 20, 2015). Other states and industry groups may file suit.

The rules, previously reported in this blog, include more stringent requirements for well casings and wastewater storage. The rules would also require drillers to disclose the chemicals used in the fracking process. The rules will apply to any operations on federal, public, or tribal lands, and are the first major safety restrictions by the federal government on fracking.

For more information, contact Toni Ellington at (504) 599-8500.

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