The Swamp Stomp
Volume 15, Issue 43
A federal court in Wyoming ruled that the Bureau of Land Management does not have the authority to regulate hydraulic fracturing on September 30, according to E&E Publishing.
The BLM had plans to set stricter rules on disposing wastewater this summer, according to the Wall Street Journal. The new rules also would have required disclosing what chemicals are used in fracking. However, U.S. District Judge Scott Skavdahl shut these plans down by his ruling.
The main concern that he addressed was that Congress had never given the BLM authority to regulate fracking, according to the Wall Street Journal.
“Congress has not authorized or delegated to the BLM authority to regulate hydraulic fracturing and, under our constitutional structure, it is only through congressional action that the BLM can acquire this authority,” Skavdahl wrote.
Skavdahl said the Safe Drinking Water Act had given the EPA exclusive control over fracking regulations, according to E&E Publishing. However, the Energy Policy Act took away the EPA’s control over fracking in 2005, leaving regulations up to states and tribes to decide.
Skavdahl also felt that the BLM had not substantiated enough evidence to determine that fracking causes harm, according to E&E publishing. Skavdahl also said the BLM had not shown how the new rules they proposed would address the problems they said fracking caused.
“The Fracking Rule seems a remedy in search of harm,” Skavdahl said.
Critics of the ruling argue that the BLM has authority over oil and gas production on federal land, which includes fracking, according to E&E Publishing.
“BLM has well-established authority to regulate hydraulic fracturing and other downhole aspects of drilling on federal lands,” Earthjustice attorney Michael Freeman said.
A spokeswoman for the Interior Department said the BLM will follow the court’s ruling while they consult the Justice Department. They could appeal ruling if they wanted, according to the Wall Street Journal.
Sources:
http://www.eenews.net/stories/1060025657
http://www.wsj.com/articles/federal-court-blocks-obama-administration-hydraulic-fracturing-rule-1443641565