A federal judge appointed by President Barack Obama struck down the Bureau of Land Management’s (BLM) hydraulic fracturing rules Tuesday, dealing a major blow to a years-long effort by the administration to regulate fracking on federal lands.
U.S. District Court Judge Scott Skavdahl of Wyoming struck down the rules, which were published last year, finding that Congress did not delegate authority to regulate fracking to BLM.
Government lawyers argued the agency has statutory authority to regulate drilling on federal lands stemming from seven federal laws passed over the last century. The BLM argued the collective bills constituted a “broad authority” to regulate oil and gas drilling on federal and Native American lands. (RELATED: Obama Administration Ramps Up Legal Fight Against Fracking)
The rules were challenged by a coalition of industry groups, several western states — including Colorado, North Dakota, Utah, and Wyoming — and the Ute Indian tribe. The challengers argued that Congress did not delegate authority to regulate fracking — and had expressly banned such rule-making in a 2005 law.
“Given Congress’ enactment of the EP Act of 2005, to nonetheless conclude that Congress implicitly delegated BLM authority to regulate hydraulic fracturing lacks common sense,” Judge Skavdahl’s ruling read.
“Congress’ inability or unwillingness to pass a law desired by the executive branch does not default authority to the executive branch,” he continued.
Western Republicans applauded the ruling.
“Wyoming and other energy states – not Washington – are best prepared to regulate oil and natural gas production,” said Wyoming Sen. John Barrasso, who chairs the Senate’s Committee on Energy and Natural Resources. “It is encouraging to see a federal court clearly state the limits of the president’s power.”
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