A federal judge who was appointed by President Obama ruled late Tuesday against the administration’s attempt to regulate hydraulic fracturing on federal property.
Judge Scott Skavdahl of the District Court of Wyoming determined the Interior Department does not have the congressional authority required to control fracking.
“Congress has not delegated to the Department of Interior the authority to regulate hydraulic fracturing,” Skavdahl wrote in his opinion. “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.”
It’s a big loss for the White House, who has fought for years to amend oil and natural gas drilling standards in light of a sharp uptick in fracking. But the judge, appointed in 2011 by Obama, said the executive branch did not have the authority to navigate around Congress to push its own agenda.
“Congress’ inability or unwillingness to pass a law desired by the executive branch does not default authority to the executive branch to act independently, regardless of whether hydraulic fracturing is good or bad for the environment or the citizens of the United States,” he wrote.
Interior officials have the option of appealing the judge’s decision.
