A Federal Judge Just Struck Down Obama’s Fracking Regulations

Obama’s attempt to crack down on the oil and gas industry just hit a major roadblock.

<a href="http://www.shutterstock.com/pic-378131167/stock-photo-fracking-rig-and-road-in-a-farmers-field.html?src=3zJM6YOUTVR1eurlbVijBg-1-1">Lonny Garris</a>/Shutterstock


A major push by the Obama administration to curb the environmental impacts of fracking suffered a severe blow Wednesday evening, when a federal judge in Wyoming ruled that the proposed regulations overstepped the government’s authority. The decision could mean that President Barack Obama will leave office without delivering on one of environmentalists’ biggest demands: Clamping down on air and water pollution from the chemicals used in fracking, a controversial oil and gas drilling technique that has driven the country’s oil and gas boom during Obama’s tenure.

The Interior Department had sought to require inspections of fracked oil and gas wells on public land, and also to require that companies publicly disclose the chemicals used in those wells. (Fracking entails injecting a high-pressure cocktail of water, sand, and chemicals into underground shale formations.) The proposal was contested by the state of Wyoming, a major producer of natural gas, and by a group of oil industry trade groups. According to the ruling by Judge Scott Skavdahl, an Obama appointee, “Congress has not delegated to the Department of Interior the authority to regulate hydraulic fracturing. The [Bureau of Land Management]’s effort to do so through the Fracking Rule is in excess of its statutory authority and contrary to law.”

Only about 10 percent of the nation’s fracking operations take place on federal land, according to the New York Times—the rest happens on state, local, or private land that would not have been subject to the federal regulations. Still, the rules would have given Obama a significant environmental victory and would help counter the argument put forth by many activists that his legacy on climate change has been muddied by the fracking boom.

Another regulation that could restrict fracking, focused on methane emissions from oil and gas wells, was released by the Environmental Protection Agency in May and is likely to face a similar slate of litigation that could unfold after Obama leaves office.

In any case, the ruling “is not the final word,” as the Times explains:

While the regulation will be temporarily halted, the federal Court of Appeals for the 10th Circuit is also reviewing the rule. Obama administration officials characterized Judge Skavdahl’s ruling as a delay, and said they were waiting for the decision by the appeals court.

“It’s unfortunate that implementation of the rule continues to be delayed, because it prevents regulators from using 21st century standards to ensure that oil and gas operations are conducted safely and responsibly on public and tribal lands,” the Interior Department said in a statement from the agency’s spokeswoman, Jessica Kershaw.

More Mother Jones reporting on Climate Desk

WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

payment methods

WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate