A final rule that seeks to address perceived risks associated with hydraulic fracturing was published by the Department of Interior (DOI) in the Federal Register on March 26, 2015. The rule revises existing Bureau of Land Management (BLM) oil and gas drilling rules. Hydraulic Fracturing on Federal and Indian Lands, 80 Fed. Reg. 16,128 (Mar. 26, 2015). The revised regulations attempt to strike a balance between those who believe hydraulic fracturing should be banned or severely restricted, and those who believe that existing state regulatory programs are sufficient, and that the federal government has no right to impose additional or duplicative requirements.
Neither side may be satisfied with the result. Two industry associations have filed suit in Wyoming federal district court to overturn the regulations based on the lack of underlying justification over the rules and duplication of state law requirements. Congress may seek to similarly limit DOI's authority by expressly giving states sole regulatory authority in this area. Environmental groups continue to lobby for a complete moratorium on hydraulic fracturing, or to limit the practice until they are satisfied that their environmental, health and safety concerns are addressed.
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