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U.S. Court of Appeals for the Tenth Circuit

Case Status

Decided

Oral Argument Date

July 27, 2017

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Case Updates

Case dismissed

September 21, 2017

The Tenth Circuit held that the appeal is “prudentially unripe” in light of the Trump administration’s announced intention to repeal the rule, so the court dismissed the appeal and vacated the lower court’s judgment.

U.S. Chamber files amicus brief urging Tenth Circuit to halt Bureau of Land Management’s hydraulic fracturing rule

September 23, 2016

The U.S. Chamber filed an additional brief urging the Tenth Circuit to to affirm a district court’s order preliminarily enjoining new Bureau of Land Management (“BLM”) regulations of hydraulic fracturing on public lands.

Jonathan S. Franklin of Norton Rose Fulbright US LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Press release

June 22, 2016

U.S. Chamber files amicus brief urging Tenth Circuit to halt Bureau of Land Management’s hydraulic fracturing rule

June 01, 2016

The U.S. Chamber filed an amicus brief urging the U.S. Court of Appeals for the Tenth Circuit to uphold a district court’s order preliminarily enjoining new Bureau of Land Management (“BLM”) regulations of hydraulic fracturing on public lands. The amicus brief argued that the BLM’s rule is an unnecessary intrusion into an already heavily regulated field, and that compliance with overlapping but conflicting state and federal regimes would harm U.S. businesses engaged in oil and gas development. The brief also warned that the costs and restrictions imposed by BLM’s rule unnecessarily diminish the major economic and strategic benefits of hydraulic fracturing.

Jonathan S. Franklin of Norton Rose Fulbright US LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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