Uncertainty Prevails As Illinois Delays A Decision On Fracking Regulations

Last week, Illinois's Joint Committee on Administrative Rules voted to push back its decision about whether to approve proposed rules governing horizontal fracturing operations until November 6.  The delay promises to fuel uncertainty among fracing supporters and opponents alike about the legality of conducting unconventional drilling operations within the State if the draft rules are not ultimately adopted.

If the committee chooses not to accept the regulations by November 15, the Illinois Department of Natural Resources (IDNR)—the agency responsible for promulgating the standards—is obligated to restart the rulemaking process which promises to further postpone the implementation of state-wide standards for the foreseeable future.  IDNR officials have said that the agency will not approve any unconventional drilling permits without rules in place, unless told otherwise by the courts.