Well, first they used the new technology on MJ2, unsuccessfully. So it's not illegal, it was allowed.
2nd - it's not fracking in the sense most would think. Water is not required like it was in the old way, so the potential damage is far less.
You have no idea what the government will do, so quit saying you do. Decisions change all the time.
They said they went back and looked at data from MJ1 and then reapplied.
Anything else?