HF Rule Delayed


We were informed by our friends at WEA that the U.S. District Court for Wyoming has granted the government’s request for an extension of time to file the administrative record on the BLM hydraulic fracturing rule until August 28. The industry plaintiffs will then have one week after the 28th to respond. It is expected that the judge will make a determination on the industry application for a preliminary injunction in mid-September. This extension request pushes the possible implementation date back at least another month from the July 22nd date the court had originally set.

If the judge denies the industry request for an injunction, a new timetable would be set by BLM for compliance of the rule. Note that the BLM could decide to have the rule go into effect the day after the judge makes his final decision against an injunction. If he decides in our favor, then the implementation dates obviously would be pushed back depending on how long it takes the court to decide the case on merits.

In light of this good news, IPANM has decided NOT to hold a workshop in August on the Hydraulic Fracturing rule. We will keep watching the court case and keep you informed. If and when the rule comes into place, if there is still interest in a workshop, IPANM will put one on for industry. In the meantime, please let me know if you are not getting any permits, as we and WEA are monitoring BLM closely to make sure that they’re not stopping the processing of APDs while they wait for the rule to go into effect.