Governor, Congressional delegates hail fracking decision

CHEYENNE – Wyoming Governor Matt Mead is pleased with U.S. District Court Judge Scott Skavdahl’s decision in favor of Wyoming over the Bureau of Land Management’s (BLM) hydraulic fracturing rule.

Wyoming’s challenge to this rule was joined by North Dakota, Utah and Colorado. The BLM rule is outside the scope of BLM’s jurisdiction. The Court ruling immediately sets aside the fracking rule.

“Wyoming continues to be a leader in energy development and environmental stewardship,” said Governor Mead. “We were the first state to regulate fracking. The BLM rule overreaches its authority and creates confusion. I am pleased with the Court’s decision and thank the Wyoming Attorney General for his work.”

In the decision the court said that, “BLM has attempted an end-run around” the limitations Congress placed on the federal regulation of fracking in the 2005 Energy Policy Act. The Court explained that “regulation of an activity must be by Congressional authority, not administrative fiat.”

“The Court got it right,” continued Governor Mead. “This is of particular importance not only to Wyoming but the country. I have and I will continue to aggressively assert Wyoming’s authority when threatened by federal overreach.”

U.S. Senator Mike Enzi, R-Wyo., said, “Once again the courts have caught the Obama Administration going far beyond its constitutional authority. In its efforts to regulate hydraulic fracturing out of existence, the Administration has ignored the will of Congress, the states and the American people. Wyoming doesn’t need the federal government stepping in to undermine its carefully written regulations that oversee energy production without burdening businesses with excessive red tape. I am glad the court ruled in favor of Wyoming and other states and tribes which continue to fight against Washington’s one-size-fits-all approach.”

Sen. John Barrasso, R-Wyo., said, “Wyoming and other energy states – not Washington – are best prepared to regulate oil and natural gas production. It is encouraging to see a federal court clearly state the limits of the president’s power. Judge Skavdahl’s ruling should be upheld. The courts must recognize that Congress has not given BLM the power to regulate hydraulic fracturing.”

Congressional Western Caucus Chairman Rep. Cynthia Lummis, R-Wyo., issued the following statement in response:

“Today is a victory not only for state management and responsible stewardship of our natural resources, but also for states’ rights,” said Lummis. “This rule undermined the careful and efficient regulation of fracturing that states have put in place, like the rules written by Wyoming. I am glad to see Judge Skavdahl rule in favor of the State of Wyoming and others and will continue my own work to rein in overreaching federal agencies.” 

The court’s ruling is available on the Wyoming Attorney General’s website http://ag.wyo.gov/current-issues.