State of WYOMING; State of Colorado; Independent Petroleum Association of America; Western Energy Alliance, Petitioners-Appellees, and
State of North Dakota; State of Utah; UTE Indian Tribe, Intervenors Petitioners-Appellees,
v.
Ryan ZINKE, Secretary, United States Department of the Interior; United States Bureau of Land Management; United States Department of the Interior; Kristin Bail, Respondents-Appellants, and
Sierra Club; Earthworks; Western Resource Advocates; Conservation Colorado Education Fund; Wilderness Society; Southern Utah Wilderness Alliance, Intervenors Respondents,
United States Chamber of Commerce; Petroleum Association of Wyoming, Former Officials of the U.S. Department of the Interior; Interested Public Lands, Natural Resources, Energy, and Administrative Law Professors; Petroleum Association of Wyoming, Pacific Legal Foundation; Wyoming Liberty Group, State of Montana; State of Alaska; State of Kansas; State of Texas, Amici Curiae.
State of Wyoming; State of Colorado; Independent Petroleum Association of America; Western Energy Alliance, Petitioners-Appellees, and
State of North Dakota; State of Utah; UTE Indian Tribe, Intervenors Petitioners-Appellees,
v.
Sierra Club; Earthworks; Western Resource Advocates; Conservation Colorado Education Fund; Wilderness Society; Southern Utah Wilderness Alliance, Intervenors Respondents-Appellants, and
Ryan Zinke, Secretary, United States Department of the Interior; United States Bureau of Land Management; United States Department of the Interior; Kristin Bail, Respondents.
United States Chamber of Commerce; Petroleum Association of Wyoming, Former Officials of the U.S. Department of the Interior; Interested Public Lands, Natural Resources, Energy, and Administrative Law Professors; Petroleum Association of Wyoming, Pacific Legal Foundation; Wyoming Liberty Group, State of Montana; State of Alaska; State of Kansas; State of Texas, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED September 21, 2017.
FILED September 21, 2017.
Attorney(s) appearing for the Case
Andrew C. Mergen , United States Department of Justice, Washington, DC ( Jeffrey H. Wood , Acting Assistant Attorney General, William E. Gerard , David A. Carson , Nicholas A. Dimascio , and J. David Gunter II , United States Department of Justice, Environmental and Natural Resources Division, Denver, Colorado and Washington, DC; and Richard McNeer , Office of the Solicitor, United States Department of the Interior, Washington, DC, with him on the briefs), appearing for Appellants United States Bureau of Land Management, United States Department of the Interior, Kristin Bail, and Ryan Zinke.
Michael S. Freeman , Earthjustice, Denver, Colorado ( Joel Minor , Earthjustice, Denver, Colorado, and Nathan Matthews , Sierra Club, Oakland, California, with him on the briefs), appearing for Intervenor-Respondent-Appellants Sierra Club, Earthworks, Western Resource Advocates, Conservation Colorado Education Fund, Wilderness Society, and Southern Utah Wilderness Alliance.
James Kaste , Deputy Attorney General, Wyoming Attorney General's Office, Cheyenne, Wyoming ( Peter K. Michael , Wyoming Attorney General, Michael J. McGrady , Senior Assistant Attorney General, and Erik Petersen , Senior Assistant Attorney General, Wyoming Attorney General's Office, Cheyenne, Wyoming; Sean D. Reyes , Utah Attorney General, Tyler Green , Solicitor General, Stanford E. Purser , Deputy Solicitor General, Steven F. Alder and Melissa Reynolds , Assistant Attorneys General, Utah Attorney General's Office, Salt Lake City, Utah; Frederick R. Yarger , Solicitor General, Colorado Attorney General's Office, Denver, Colorado, with him on the brief), appearing for Appellees State of Wyoming, State of Utah, and State of Colorado.
Paul M. Seby , Special Assistant Attorney General, Greenberg Traurig, Denver, Colorado; ( Wayne K. Stenehjem , Attorney General, and Matthew A. Sagsveen , Assistant Attorney General, Office of the Attorney General for the State of North Dakota, Bismarck, North Dakota, with him on the briefs), appearing for Intervenor-Appellee State of North Dakota.
Mark S. Barron ( L. Poe Leggette and Alexander K. Obrecht , with him on the briefs), Baker & Hostetler, Denver, Colorado, appearing for Petitioners-Appellees Independent Petroleum Association of America and Western Energy Alliance.
Kevin J. Lynch and Brad Bartlett , Sturm College of Law, University of Denver, Denver, Colorado, filed an amicus curiae brief for Interested Public Lands, Natural Resources, Energy, and Administrative Law Professors.
Susannah L. Weaver and Sean H. Donahue , Donahue & Goldberg, LLP, Washington, DC, filed an amicus curiae brief for former officials of the U.S. Department of the Interior.
Jaimie N. Cavanaugh and Steven J. Lechner , Mountain States Legal Foundation, Lakewood, Colorado, filed an amicus curiae brief for Petroleum Association of Wyoming.
M. Reed Hopper and Jonathan Wood , Pacific Legal Foundation, Sacramento, California, filed an amicus curiae brief for Wyoming Liberty Group.
Timothy C. Fox , Attorney General for the State of Montana, and Tommy H. Butler , Deputy Attorney General for the State of Montana, Helena, Montana; Jahna M. Lindemuth , Attorney General of the State of Alaska, Juneau, Alaska; Derek Schmidt , Attorney General for the State of Kansas, Topeka, Kansas; Ken Paxton , Attorney General for the State of Texas, Austin, Texas, filed an amicus curiae brief for the States of Montana, Alaska, Kansas, and Texas.
Before BRISCOE, HARTZ, and HOLMES, Circuit Judges.
BRISCOE, Circuit Judge.
In these cases, we are asked to decide whether the Bureau of Land Management (BLM) acted beyond its statutory authority when it promulgated a regulation — 43 C.F.R. § 3162.3-3 (2015)1 — governing hydraulic fracturing (fracking) on lands owned or held in trust by the United States...
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