Energy

Court OKs Trump repeal of Obama public lands fracking rule


A federal judge on Friday upheld the Trump administration’s decision to repeal an Obama-era rule that established standards for hydraulic fracking on federal land. 

California and several environmental groups sued over the repeal, claiming it was unlawful. California particularly claimed that the federal government was in violation of the Administrative Procedure Act and the National Environmental Policy Act.

However, Judge Haywood S. Gilliam Jr., an Obama appointee, sided with the Trump administration, writing: “The record does not compel the conclusion that [the Bureau of Land Management] arbitrarily ignored foregone benefits or arbitrarily overvalued the costs associated with the 2015 Rule, as California Plaintiffs urge.”

“Although BLM could have provided more detail, it did enough to clear the low bar of arbitrary and capricious review, and that is all the law requires,” he added. 

The 2015 Obama administration rule would have required companies to say what chemicals they use in fracking, make them cover surface ponds that contain fracking fluids and also set well construction.

But it never went into effect because it was temporarily halted by federal Judge Scott Skavdahl in 2015. The judge later overturned the rule in 2016.

The Interior Department celebrated the court’s decision on Friday, saying in a statement that it will “allow the Department to continue to implement the President’s direction to repeal overly burdensome regulations and ensure America’s energy independence, while protecting the safety of our workers and the health of our environment.”

“We are grateful the Court has affirmed that the Department’s actions were fully compliant with all legal requirements,” it added. 

An adviser to California Attorney General Xavier BecerraXavier BecerraHillicon Valley: House passes key surveillance bill | Paul, Lee urge Trump to kill FISA deal | White House seeks help from tech in coronavirus fight | Dem urges Pence to counter virus misinformation On The Money: Trump to deliver Oval Office statement on coronavirus | Trump, Dems split on stimulus options | Coronavirus fears throw Wall Street into bear market California drops efforts to challenge T-Mobile, Sprint merger MORE (D) told The Hill that they are reviewing the decision.





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