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Tenth Circuit Posts Online Audio for Fracking Regulation Case

We are pleased to report that the Tenth Circuit Court of Appeals has posted online audio in a July 27 caseZinke et al. v. Wyoming et al., which concerns whether oil and gas developers must comply with an Obama-era fracking regulation in light of recent changes in federal drilling policy.

The Tenth Circuit is the only federal appeals court that does not routinely post argument audio online. Other appeals courts, save the Supreme Court, post audio online within 24 hours.

Typically, for the Tenth Circuit even to consider posting argument audio online, interested parties must file a motion.

Fix the Court, along with some media outlets, had called the circuit clerk a few weeks ago to request online audio, and the court complied without a motion.

We hope this is sign of things to come.

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