BLM Owes Tribes More Than Lip Service Over Fracking Rules

Law360, New York (October 1, 2015, 9:40 PM EDT) -- In blocking the U.S. Bureau of Land Management's new rules governing fracking on federal and tribal land on Wednesday, a Wyoming federal judge recognized both the growing role tribes play in shaping federal regulations and agencies' duty to abide by their own policies requiring tribal consultation, experts say.

U.S. District Judge Scott W. Skavdahl granted a preliminary injunction to state, tribal and industry petitioners that bars enforcement of the rules until the legal dispute plays out, saying the BLM lacks congressional authority to regulate hydraulic fracturing.

The judge also rebuked the BLM for failing to conduct "extra, meaningful efforts to involve...

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