Federal judge, appointed by Obama, strikes down Obama’s fracking rule
June 22, 2016 – Multiple sources report a federal judge has struck down a federal regulation on fracking. While that is interesting, even more interesting is the reasoning used by the Court in rejecting the rule.
Judge Scott Skavdahl of the District Court of Wyoming held, “Congress has not delegated to the Department of the Interior the authority to regulate hydraulic fracturing. The effort to do so through the Fracking Rule is in excess of its statutory authority and contrary to the law.”
“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.
We wonder how many of the Obama administration’s recent efforts to bypass Congress by enacting regulations could fall under the same reasoning, if applied consistently by the Courts?