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Judge strikes down as illegal Obama fracking regulations

The law is such an inconvenient thing: With strong language a federal judge has bluntly struck down the Obama administrations attempt to regulate the fracking industry.

Judge Scott Skavdahl of the District Court of Wyoming already had put a hold on the regulations last year, and in a decision released late Tuesday, he ruled that Congress did not give Interior the power to regulate hydraulic fracturing, indeed it had expressly withheld that power with some narrow exceptions. “Congress has not delegated to the Department of Interior the authority to regulate hydraulic fracturing,” Judge Skavdahl wrote in deciding a lawsuit brought by industry groups and a number of Western states. The “effort to do so through the Fracking Rule is in excess of its statutory authority and contrary to law.”

The judge dismissed particularly the claim by the Interior Department and its Bureau of Land Management that it had inherent broad regulatory authority to pursue the public good on federal and Indian lands, the only place the regulations would have applied. “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,” wrote Judge Skavdahl, whom Mr. Obama appointed to the bench in 2011. [emphasis mine]

That a judge whom Obama appointed, who thus is almost certainly a Democrat, was willing to put aside his partisan loyalties to rule so forcefully against the Obama administration gives me great hope. In recent years Democratic judges have almost ceased ruling based on law and have instead been guided almost exclusively by their political leanings. This judge’s ruling here suggests that there remain some principled judges, even on the left.

Posted from fascist Los Angeles, a place where they make you pay $19 for a five minute two mile taxi ride.

Genesis cover

On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.

 
The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.


The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
 

"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News

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