The same federal judge in Wyoming who last year blocked implementation of President Obama’s first attempts at controlling fracking on federal and Indian lands has now struck down those regulations.
“The issue before this Court is not whether hydraulic fracturing is good or bad for the environment or the citizens of the United States,” wrote U.S. District Judge Scott Skavdahl. He said the question is “Whether Congress has delegated to the Department of Interior legal authority to regulate hydraulic fracturing. It has not.”
In short, he said Congress had not granted the BLM the power and had chosen to specifically exclude fracking from federal oversight. The ruling came after Colorado, North Dakota, Utah and Wyoming took the administration to court, arguing it had overstepped its bounds. The Ute Indian tribe joined the four states in the suit.
Judge Skavdahl agreed with their claim that the Bureau of Land Management, a bureau of the Department of the Interior had never been given the authority to regulate fracking.
“The BLM has attempted an end-run around the 2005 EP Act, however, regulation of an activity must be by Congressional authority, not administrative fiat,” added the Judge. “The Court finds the intent of Congress is clear, so that is the end of the matter.”
His ruling was welcomed by those critical of the Obama administration for its overreach.
“Today’s decision demonstrates BLM’s efforts are not needed and that states are—and have for over 60 years been–in the best position to safely regulate hydraulic fracturing,” said a spokesman for the Independent Petroleum Association of America.
Wyoming Congresswoman Cynthia Lummis also praised the judge’s ruling, saying the Obama administration rules undermined “the careful and efficient regulation” of Wyoming and other states.