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Wednesday, June 22, 2016

Fracking Wins In Court; Obama loses

In a major defeat for president Obama, a federal judge yesterday ruled that the government could not impose special regulations on fracking on federal land.  The judge said that the feds were without the power to impose any such regulation.

In 2005, Congress passed legislation that denied the federal government and its agencies the ability to stop or regulate fracking.  Fracking is the process that has unlocked the oil and gas production from shale across the USA.  It is responsible for a huge increase in supply and the major decline in the cost of oil and gas.  The 2005 law was passed because Congress wanted to make sure that nothing would be done by the federal government that would slow the spread of fracking because it was such a benefit to the economy and to American national security.  After passage of the law, only states still had the power to regulate fracking.  A few states like New York have actually banned fracking.  Most, however, allow the procedure, and it is widespread.

The judge's decision was clearly correct in view of the clear statute on the subject.  It's worth pointing out that the judge who issued the decision was appointed by president Obama in 2011.  This is a big victory.

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