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

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Concrete Brutalism building with slanted walls and light visible through an atrium.

What ‘The Brutalist’ Teaches Us About Modern Cities

How architecture and urban landscapes reflect the trauma and dysfunction of the post-war experience.

February 28, 2025 - Justin Hollander

Complete Street

‘Complete Streets’ Webpage Deleted in Federal Purge

Basic resources and information on building bike lanes and sidewalks, formerly housed on the government’s Complete Streets website, are now gone.

February 27, 2025 - Streetsblog USA

Green electric Volkswagen van against a beach backdrop.

The VW Bus is Back — Now as an Electric Minivan

Volkswagen’s ID. Buzz reimagines its iconic Bus as a fully electric minivan, blending retro design with modern technology, a 231-mile range, and practical versatility to offer a stylish yet functional EV for the future.

March 3, 2025 - ABC 7 Eyewitness News

View of mountains with large shrubs in foreground in Altadena, California.

Healing Through Parks: Altadena’s Path to Recovery After the Eaton Fire

In the wake of the Eaton Fire, Altadena is uniting to restore Loma Alta Park, creating a renewed space for recreation, community gathering, and resilience.

March 9 - Pasadena NOw

Aerial view of single-family homes with swimming pools in San Diego, California.

San Diego to Rescind Multi-Unit ADU Rule

The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.

March 9 - Axios

Close-up of row of electric cars plugged into chargers at outdoor station.

Electric Vehicles for All? Study Finds Disparities in Access and Incentives

A new UCLA study finds that while California has made progress in electric vehicle adoption, disadvantaged communities remain underserved in EV incentives, ownership, and charging access, requiring targeted policy changes to advance equity.

March 9 - UCLA Luskin Center for Innovation