Court Ruling Overthrows Obama Administration's Fracking Regulations

Opponents of federal oversight rejoice: a ruling by U.S. District Judge Scott Skavdahl reiterates the limitations of the federal government to regulate fracking.

2 minute read

June 23, 2016, 12:00 PM PDT

By James Brasuell @CasualBrasuell


Image of hydraulic fracturing equipment

UkberriNet / Flickr

"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.

Wednesday, June 22, 2016 in KUOW

View form second story inside Southdale Mall in Edina, Minnesota with escalators and model cars parked on downstairs floor.

The Mall Is Dead — Long Live the Mall

The American shopping mall may be closer to its original vision than ever.

March 21, 2024 - Governing

Houston, Texas skyline.

Report: Las Vegas, Houston Top List of Least Affordable Cities

The report assesses the availability of affordable rental units for low-income households.

March 22, 2024 - Urban Edge

View of Austin, Texas skyline with river in foreground during morning golden hour.

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.

March 26, 2024 - The Atlantic

Aerial view of Anchorage, Alaska downtown with mountains in background at golden hour.

Anchorage Leaders Debate Zoning Reform Plan

Last year, the city produced the fewest new housing units in a decade.

1 hour ago - Anchorage Daily News

Young man in wheelchair crossing zebra crosswalk.

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.

2 hours ago - Governing

Aerial view of mountain town of Steamboat Springs, Colorado in the winter with snow at dusk.

Colorado Town Fills Workforce Housing Need With ‘Dorm-Style’ Housing

Median rent in Steamboat Springs is $4,000 per month.

3 hours ago - CBS News

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

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.