The Center for Biological Diversity was recently successful in a similar case involving hydraulic fracturing on federal land in the central California Monterey Shale Formation, finding that the federal agency failed to assess the risks of fracking before issuing the leases. On March 31, 2013, in Center for Biological Diversity and Sierra Club v. The Bureau of Land Management and Ken Salazar, Secretary of the Department of the Interior, No. CV-11-06174 (N.D. Cal., December 8, 2011), the Court ruled that the BLM failed to conduct the “hard look” analysis required by NEPA by dismissing any development scenario involving hydraulic fracturing when used in combination with technologies such as horizontal drilling. See prior blog entitled “BLM Violated NEPA by Granting Leases without Evaluating Fracking Risks,” dated April 10, 2013.
This post was written by Barclay Nicholson (email@example.com or 713.651.3662) from Norton Rose Fulbright's Energy Practice Group.