American Oil and Gas Reporter - July 2016 - 39

gress has spoken directly to the 'topic at
hand' in the (Energy Policy Act)."
Slow Regulatory Overreach
"The judge could not have been more
clear when he ruled, 'Congress has not directed the BLM to enact regulations governing hydraulic fracturing. Indeed, Congress has expressly removed federal agency
authority to regulate the activity, making
its intent clear,'" exults IPAA's Russell.
Adds Congressional Western Caucus
Chairwoman Cynthia Lummis, R-Wy.,
"(Skavdahl's ruling) is a victory not only
for state management and responsible
stewardship of our natural resources, but
also for states' rights. The rule undermined
the careful and efficient regulation of
fracturing that states have put in place."
Thomas Pyle, president of the Institute
for Energy Research, calls the ruling "a
big victory for American families, businesses, and anyone who cares about affordable energy."
But in a larger sense, Pyle goes on,
"This ruling, along with the (U.S.)
Supreme Court's stay of EPA's carbon
rule (see "High Court Freezes Clean
Power Plan," AOGR, March 2016), is an
encouraging sign that the administration's
out-of-the-mainstream agenda is finally
being called into check."
BakerHostetler's Barron explains that
federal agencies-especially under the
Obama administration-have increasingly
relied on Chevron U.S.A. Inc. v. Natural
Res. Def. Council "to stretch the outer
limits of (their) 'delegated' statutory authority by revising and reshaping legislation."
Chevron is a 1984 Supreme Court ruling that holds when reviewing federal
agency authority, if Congress has not
specifically addressed the question, "the
reviewing court must respect the agency's
construction of the statute, so long as it
is permissible," according to Skavdahl's
opinion in Wyoming v. DOI.
However, Barron says Skavdahl counters, "If this court was to accept (BLM's)
argument, there would be no limit to the
scope or extent of congressionally delegated authority (that) BLM has, regardless
of topic or subject matter."
U.S. Senate Environment and Public
Works Chairman Jim Inhofe, R-Ok.,
cheered that aspect of Skavdahl's ruling,
according to published reports, stating,
"Time and again the courts are blocking
action by the Obama administration that
flagrantly goes against the will of Congress
and the American people."

others warn. H. Sterling Burnett, an environment and energy policy research
fellow at The Heartland Institute, comments, "While I applaud the ruling and
am thankful a federal court decided to
uphold Congress' standing as the solely
authorized entity with the power to write
laws, I wouldn't be surprised if the Obama
administration largely ignores the ruling
and hampers existing fracturing projects
on public lands and stalls future ones
through executive orders and rules. The
evidence shows this administration is an
avowed enemy of using fossil fuels."
Barron says he expects BLM or special-interest-group intervenors to appeal
to the U.S. Court of Appeals for the 10th
Circuit, which already has before it a
Justice Department appeal of Judge Skavdahl's preliminary injunction (AOGR,
January 2016, pg. 14).
Indeed, one published report quotes
White House spokesman Josh Earnest
calling Skavdahl's ruling a temporary
setback and saying, "We obviously believe
we have a strong argument to make about
the important role the federal government
can play in ensuring that hydraulic fracturing done on public lands doesn't threaten the drinking water of people who live
in the area. We will continue to make our

case in the courts."
Another report says Earthjustice has
announced its intent to appeal the ruling
on behalf of "a coalition of six environmental organizations backing the BLM
rule."
(Editor's Note: According to published
reports, on June 24, government attorneys
from the Justice Department's Environment and Natural Resources Division
filed notice that they intended to appeal
Judge Skavdahl's ruling to the 10th Circuit
in Denver.)
Nevertheless, the Western Energy Alliance's Sgamma emphasizes that Skavdahl
ruled solely on BLM's statutory authority,
and didn't mention the associations' arguments that the agency's rule making
violated the Administrative Procedures
Act, "which we believe are still strong
and represent another line of defense."
Says Barron, "Even if the 10th Circuit
was to reverse the ruling, a remand to the
district court likely still will be necessary
to decide IPAA's and the Alliance's multitude of technical and administrative
challenges to BLM's unlawful rule-the
same technical and administrative challenges that the district court concluded
likely would be successful on the merits
at the preliminary injunction stage." ❒

Anticipating Appeal
However, the final chapter on hydraulic
fracturing regulations has yet to be written,
JULY 2016 39


http://choicecompletions.com/products/unconventional-completions/

American Oil and Gas Reporter - July 2016

Table of Contents for the Digital Edition of American Oil and Gas Reporter - July 2016

 Contents
American Oil and Gas Reporter - July 2016 - Cover1
American Oil and Gas Reporter - July 2016 - Cover2
American Oil and Gas Reporter - July 2016 -  Contents
American Oil and Gas Reporter - July 2016 - 4
American Oil and Gas Reporter - July 2016 - 5
American Oil and Gas Reporter - July 2016 - 6
American Oil and Gas Reporter - July 2016 - 7
American Oil and Gas Reporter - July 2016 - 8
American Oil and Gas Reporter - July 2016 - 9
American Oil and Gas Reporter - July 2016 - 10
American Oil and Gas Reporter - July 2016 - 11
American Oil and Gas Reporter - July 2016 - 12
American Oil and Gas Reporter - July 2016 - 13
American Oil and Gas Reporter - July 2016 - 14
American Oil and Gas Reporter - July 2016 - 15
American Oil and Gas Reporter - July 2016 - 16
American Oil and Gas Reporter - July 2016 - 17
American Oil and Gas Reporter - July 2016 - 18
American Oil and Gas Reporter - July 2016 - 19
American Oil and Gas Reporter - July 2016 - 20
American Oil and Gas Reporter - July 2016 - 21
American Oil and Gas Reporter - July 2016 - 22
American Oil and Gas Reporter - July 2016 - 23
American Oil and Gas Reporter - July 2016 - 24
American Oil and Gas Reporter - July 2016 - 25
American Oil and Gas Reporter - July 2016 - 26
American Oil and Gas Reporter - July 2016 - 27
American Oil and Gas Reporter - July 2016 - 28
American Oil and Gas Reporter - July 2016 - 29
American Oil and Gas Reporter - July 2016 - 30
American Oil and Gas Reporter - July 2016 - 31
American Oil and Gas Reporter - July 2016 - 32
American Oil and Gas Reporter - July 2016 - 33
American Oil and Gas Reporter - July 2016 - 34
American Oil and Gas Reporter - July 2016 - 35
American Oil and Gas Reporter - July 2016 - 36
American Oil and Gas Reporter - July 2016 - 37
American Oil and Gas Reporter - July 2016 - 38
American Oil and Gas Reporter - July 2016 - 39
American Oil and Gas Reporter - July 2016 - 40
American Oil and Gas Reporter - July 2016 - 41
American Oil and Gas Reporter - July 2016 - 42
American Oil and Gas Reporter - July 2016 - 43
American Oil and Gas Reporter - July 2016 - 44
American Oil and Gas Reporter - July 2016 - 45
American Oil and Gas Reporter - July 2016 - 46
American Oil and Gas Reporter - July 2016 - 47
American Oil and Gas Reporter - July 2016 - 48
American Oil and Gas Reporter - July 2016 - 49
American Oil and Gas Reporter - July 2016 - 50
American Oil and Gas Reporter - July 2016 - 51
American Oil and Gas Reporter - July 2016 - 52
American Oil and Gas Reporter - July 2016 - 53
American Oil and Gas Reporter - July 2016 - 54
American Oil and Gas Reporter - July 2016 - 55
American Oil and Gas Reporter - July 2016 - 56
American Oil and Gas Reporter - July 2016 - 57
American Oil and Gas Reporter - July 2016 - 58
American Oil and Gas Reporter - July 2016 - 59
American Oil and Gas Reporter - July 2016 - 60
American Oil and Gas Reporter - July 2016 - 61
American Oil and Gas Reporter - July 2016 - 62
American Oil and Gas Reporter - July 2016 - 63
American Oil and Gas Reporter - July 2016 - 64
American Oil and Gas Reporter - July 2016 - 65
American Oil and Gas Reporter - July 2016 - 66
American Oil and Gas Reporter - July 2016 - 67
American Oil and Gas Reporter - July 2016 - 68
American Oil and Gas Reporter - July 2016 - 69
American Oil and Gas Reporter - July 2016 - 70
American Oil and Gas Reporter - July 2016 - 71
American Oil and Gas Reporter - July 2016 - 72
American Oil and Gas Reporter - July 2016 - 73
American Oil and Gas Reporter - July 2016 - 74
American Oil and Gas Reporter - July 2016 - 75
American Oil and Gas Reporter - July 2016 - 76
American Oil and Gas Reporter - July 2016 - 77
American Oil and Gas Reporter - July 2016 - 78
American Oil and Gas Reporter - July 2016 - 79
American Oil and Gas Reporter - July 2016 - 80
American Oil and Gas Reporter - July 2016 - 81
American Oil and Gas Reporter - July 2016 - 82
American Oil and Gas Reporter - July 2016 - 83
American Oil and Gas Reporter - July 2016 - 84
American Oil and Gas Reporter - July 2016 - 85
American Oil and Gas Reporter - July 2016 - 86
American Oil and Gas Reporter - July 2016 - 87
American Oil and Gas Reporter - July 2016 - 88
American Oil and Gas Reporter - July 2016 - 89
American Oil and Gas Reporter - July 2016 - 90
American Oil and Gas Reporter - July 2016 - 91
American Oil and Gas Reporter - July 2016 - 92
American Oil and Gas Reporter - July 2016 - 93
American Oil and Gas Reporter - July 2016 - 94
American Oil and Gas Reporter - July 2016 - 95
American Oil and Gas Reporter - July 2016 - 96
American Oil and Gas Reporter - July 2016 - 97
American Oil and Gas Reporter - July 2016 - 98
American Oil and Gas Reporter - July 2016 - 99
American Oil and Gas Reporter - July 2016 - 100
American Oil and Gas Reporter - July 2016 - 101
American Oil and Gas Reporter - July 2016 - 102
American Oil and Gas Reporter - July 2016 - 103
American Oil and Gas Reporter - July 2016 - 104
American Oil and Gas Reporter - July 2016 - 105
American Oil and Gas Reporter - July 2016 - 106
American Oil and Gas Reporter - July 2016 - 107
American Oil and Gas Reporter - July 2016 - 108
American Oil and Gas Reporter - July 2016 - 109
American Oil and Gas Reporter - July 2016 - 110
American Oil and Gas Reporter - July 2016 - 111
American Oil and Gas Reporter - July 2016 - 112
American Oil and Gas Reporter - July 2016 - 113
American Oil and Gas Reporter - July 2016 - 114
American Oil and Gas Reporter - July 2016 - Cover3
American Oil and Gas Reporter - July 2016 - Cover4
https://www.nxtbook.com/nxtbooks/aogr/202404
https://www.nxtbook.com/nxtbooks/aogr/202403
https://www.nxtbook.com/nxtbooks/aogr/202402
https://www.nxtbook.com/nxtbooks/aogr/202401
https://www.nxtbook.com/nxtbooks/aogr/202312
https://www.nxtbook.com/nxtbooks/aogr/202311
https://www.nxtbook.com/nxtbooks/aogr/pbios_202310
https://www.nxtbook.com/nxtbooks/aogr/202309
https://www.nxtbook.com/nxtbooks/aogr/202308
https://www.nxtbook.com/nxtbooks/aogr/202307
https://www.nxtbook.com/nxtbooks/aogr/202306
https://www.nxtbook.com/nxtbooks/aogr/202305
https://www.nxtbook.com/nxtbooks/aogr/202304
https://www.nxtbook.com/nxtbooks/aogr/202303
https://www.nxtbook.com/nxtbooks/aogr/202302
https://www.nxtbook.com/nxtbooks/aogr/202301
https://www.nxtbook.com/nxtbooks/aogr/202212
https://www.nxtbook.com/nxtbooks/aogr/202211
https://www.nxtbook.com/nxtbooks/aogr/202210
https://www.nxtbook.com/nxtbooks/aogr/202209
https://www.nxtbook.com/nxtbooks/aogr/202208
https://www.nxtbook.com/nxtbooks/aogr/202207
https://www.nxtbook.com/nxtbooks/aogr/202206
https://www.nxtbook.com/nxtbooks/aogr/202205
https://www.nxtbook.com/nxtbooks/aogr/202204
https://www.nxtbook.com/nxtbooks/aogr/202203
https://www.nxtbook.com/nxtbooks/aogr/202202
https://www.nxtbook.com/nxtbooks/aogr/202201
https://www.nxtbook.com/nxtbooks/aogr/202112
https://www.nxtbook.com/nxtbooks/aogr/202111
https://www.nxtbook.com/nxtbooks/aogr/pbios_202110
https://www.nxtbook.com/nxtbooks/aogr/202109
https://www.nxtbook.com/nxtbooks/aogr/202108
https://www.nxtbook.com/nxtbooks/aogr/202107
https://www.nxtbook.com/nxtbooks/aogr/202106
https://www.nxtbook.com/nxtbooks/aogr/202105
https://www.nxtbook.com/nxtbooks/aogr/202104
https://www.nxtbook.com/nxtbooks/aogr/202103
https://www.nxtbook.com/nxtbooks/aogr/202102
https://www.nxtbook.com/nxtbooks/aogr/202101
https://www.nxtbook.com/nxtbooks/aogr/202012
https://www.nxtbook.com/nxtbooks/aogr/202011
https://www.nxtbook.com/nxtbooks/aogr/202010
https://www.nxtbook.com/nxtbooks/aogr/202009
https://www.nxtbook.com/nxtbooks/aogr/202008
https://www.nxtbook.com/nxtbooks/aogr/202007
https://www.nxtbook.com/nxtbooks/aogr/202006
https://www.nxtbook.com/nxtbooks/aogr/202005
https://www.nxtbook.com/nxtbooks/aogr/202004
https://www.nxtbook.com/nxtbooks/aogr/202003
https://www.nxtbook.com/nxtbooks/aogr/202002
https://www.nxtbook.com/nxtbooks/aogr/202001
https://www.nxtbook.com/nxtbooks/aogr/201912
https://www.nxtbook.com/nxtbooks/aogr/201911
https://www.nxtbook.com/nxtbooks/aogr/201910
https://www.nxtbook.com/nxtbooks/aogr/201909
https://www.nxtbook.com/nxtbooks/aogr/201908
https://www.nxtbook.com/nxtbooks/aogr/201907
https://www.nxtbook.com/nxtbooks/aogr/201906
https://www.nxtbook.com/nxtbooks/aogr/201905
https://www.nxtbook.com/nxtbooks/aogr/201904
https://www.nxtbook.com/nxtbooks/aogr/201903
https://www.nxtbook.com/nxtbooks/aogr/201902
https://www.nxtbook.com/nxtbooks/aogr/201901
https://www.nxtbook.com/nxtbooks/aogr/201812
https://www.nxtbook.com/nxtbooks/aogr/201811
https://www.nxtbook.com/nxtbooks/aogr/201810
https://www.nxtbook.com/nxtbooks/aogr/pbios_201810
https://www.nxtbook.com/nxtbooks/aogr/201809
https://www.nxtbook.com/nxtbooks/aogr/201808
https://www.nxtbook.com/nxtbooks/aogr/201807
https://www.nxtbook.com/nxtbooks/aogr/201806
https://www.nxtbook.com/nxtbooks/aogr/201805
https://www.nxtbook.com/nxtbooks/aogr/201804
https://www.nxtbook.com/nxtbooks/aogr/201803
https://www.nxtbook.com/nxtbooks/aogr/201802
https://www.nxtbook.com/nxtbooks/aogr/201801
https://www.nxtbook.com/nxtbooks/aogr/201712
https://www.nxtbook.com/nxtbooks/aogr/201711
https://www.nxtbook.com/nxtbooks/aogr/201710
https://www.nxtbook.com/nxtbooks/aogr/201709
https://www.nxtbook.com/nxtbooks/aogr/201708
https://www.nxtbook.com/nxtbooks/aogr/201707
https://www.nxtbook.com/nxtbooks/aogr/201706
https://www.nxtbook.com/nxtbooks/aogr/201705
https://www.nxtbook.com/nxtbooks/aogr/201704
https://www.nxtbook.com/nxtbooks/aogr/201703
https://www.nxtbook.com/nxtbooks/aogr/201702
https://www.nxtbook.com/nxtbooks/aogr/201701
https://www.nxtbook.com/nxtbooks/aogr/201612
https://www.nxtbook.com/nxtbooks/aogr/201611
https://www.nxtbook.com/nxtbooks/aogr/201610
https://www.nxtbook.com/nxtbooks/aogr/pbios2016_programguide
https://www.nxtbook.com/nxtbooks/aogr/201609
https://www.nxtbook.com/nxtbooks/aogr/201608
https://www.nxtbook.com/nxtbooks/aogr/201607
https://www.nxtbook.com/nxtbooks/aogr/201606
https://www.nxtbook.com/nxtbooks/aogr/201605
https://www.nxtbook.com/nxtbooks/aogr/201604
https://www.nxtbook.com/nxtbooks/aogr/201603
https://www.nxtbook.com/nxtbooks/aogr/201602
https://www.nxtbook.com/nxtbooks/aogr/201601
https://www.nxtbook.com/nxtbooks/aogr/201512
https://www.nxtbook.com/nxtbooks/aogr/201511
https://www.nxtbook.com/nxtbooks/aogr/201510
https://www.nxtbook.com/nxtbooks/aogr/201509
https://www.nxtbook.com/nxtbooks/aogr/201508
https://www.nxtbook.com/nxtbooks/aogr/201507
https://www.nxtbook.com/nxtbooks/aogr/201506
https://www.nxtbook.com/nxtbooks/aogr/201505
https://www.nxtbook.com/nxtbooks/aogr/201504
https://www.nxtbook.com/nxtbooks/aogr/201503
https://www.nxtbook.com/nxtbooks/aogr/201502
https://www.nxtbook.com/nxtbooks/aogr/201501
https://www.nxtbook.com/nxtbooks/aogr/201412
https://www.nxtbook.com/nxtbooks/aogr/201411
https://www.nxtbook.com/nxtbooks/aogr/201410
https://www.nxtbook.com/nxtbooks/aogr/201409
https://www.nxtbook.com/nxtbooks/aogr/pbios2014_programguide
https://www.nxtbook.com/nxtbooks/aogr/201408
https://www.nxtbook.com/nxtbooks/aogr/201407
https://www.nxtbook.com/nxtbooks/aogr/201406
https://www.nxtbook.com/nxtbooks/aogr/201405
https://www.nxtbook.com/nxtbooks/aogr/201404
https://www.nxtbook.com/nxtbooks/aogr/201403
https://www.nxtbook.com/nxtbooks/aogr/201402
https://www.nxtbook.com/nxtbooks/aogr/201401
https://www.nxtbook.com/nxtbooks/aogr/201312
https://www.nxtbook.com/nxtbooks/aogr/201311
https://www.nxtbook.com/nxtbooks/aogr/201310
https://www.nxtbook.com/nxtbooks/aogr/201309
https://www.nxtbook.com/nxtbooks/aogr/201308
https://www.nxtbook.com/nxtbooks/aogr/201307
https://www.nxtbook.com/nxtbooks/aogr/201306
https://www.nxtbook.com/nxtbooks/aogr/201305
https://www.nxtbook.com/nxtbooks/aogr/201304
https://www.nxtbook.com/nxtbooks/aogr/201303
https://www.nxtbook.com/nxtbooks/aogr/201302
https://www.nxtbook.com/nxtbooks/aogr/201301
https://www.nxtbook.com/nxtbooks/aogr/201212
https://www.nxtbook.com/nxtbooks/aogr/201211
https://www.nxtbook.com/nxtbooks/aogr/201210
https://www.nxtbook.com/nxtbooks/aogr/201209
https://www.nxtbook.com/nxtbooks/aogr/2012_pbios
https://www.nxtbook.com/nxtbooks/aogr/201208
https://www.nxtbook.com/nxtbooks/aogr/201207
https://www.nxtbook.com/nxtbooks/aogr/201206
https://www.nxtbook.com/nxtbooks/aogr/201205
https://www.nxtbook.com/nxtbooks/aogr/201204
https://www.nxtbook.com/nxtbooks/aogr/201203
https://www.nxtbook.com/nxtbooks/aogr/201202
https://www.nxtbook.com/nxtbooks/aogr/201201
https://www.nxtbook.com/nxtbooks/demo/aogr_clone
https://www.nxtbook.com/nxtbooks/aogr/201112
https://www.nxtbookmedia.com