Opponents of federal oversight rejoice: a ruling by U.S. District Judge Scott Skavdahl reiterates the limitations of the federal government to regulate fracking.
"A federal judge in Wyoming has struck down the Obama administration's regulations on hydraulic fracturing," reports Camila Domonoske, "ruling that the U.S. Bureau of Land Management doesn't have the authority to establish rules over fracking on federal and Indian lands."
According to Domonoske, "Skavdahl made it clear what he was — and wasn't — considering in his ruling." Here's the judge's own words, taken directly from the ruling [pdf]:
The issue before this Court is not whether hydraulic fracturing is good or bad for the environment or the citizens of the United States....The Constitutional role of this Court is to interpret the applicable statutory enactments and determine whether Congress has delegated to the Department of Interior legal authority to regulate hydraulic fracturing. It has not.
The Department of the Interior issued the regulations in March 2015, requiring "that companies drilling for oil and natural gas disclose the chemicals they use in the fracking process," among other measures, explains Domonoske.
Domonoske also explains that this week's court ruling came down to regulatory powers (or lack thereof) established by the Energy Policy Act of 2005. "As Skavdahl notes, it 'expressly and unambiguously' excludes fracking from the list of oil and gas production processes that the EPA can regulate." Thus, the power to regulate fracking falls not to federal agencies like the EPA or the Department of Interior, but rather to states. For selected passages from the court ruling, see a separate article by Jonathan H. Adler.
FULL STORY: Federal Judge Strikes Down Obama Administration's Fracking Rules
The Mall Is Dead — Long Live the Mall
The American shopping mall may be closer to its original vision than ever.
Report: Las Vegas, Houston Top List of Least Affordable Cities
The report assesses the availability of affordable rental units for low-income households.
The Paradox of American Housing
How the tension between housing as an asset and as an essential good keeps the supply inadequate and costs high.
Anchorage Leaders Debate Zoning Reform Plan
Last year, the city produced the fewest new housing units in a decade.
How to Protect Pedestrians With Disabilities
Public agencies don’t track traffic deaths and injuries involving disabled people, leaving a gap in data to guide safety interventions.
Colorado Town Fills Workforce Housing Need With ‘Dorm-Style’ Housing
Median rent in Steamboat Springs is $4,000 per month.
City of Yakima
City of Auburn
Baylands Development Inc.
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
City of Birmingham, Alabama
City of Laramie, Wyoming
Colorado Department of Local Affairs
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.