CALIFORNIA LEADS SUIT AGAINST FRACKING RULE REPEAL

California, greens sue Trump administration over fracking rule repeal

We have not yet seen the suit in question but we could probably guess the direction this case is going.

First no two courts agree and even if two courts did agree, but the question of legality should follow this perspective…. “The Constitution simply does not authorize the federal government to own any of this land. All of it is being held unconstitutionally and all of it should be returned to the private property owners from which it was taken or to the states in which it exists, period.” Now we are going get into trouble because legal scholars will tell you we are not correct and they are probably right …. via the Property clause which states:

Section. 3.

…..

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Now let us explain; what we should have said is “the President of the United States of America has no authority to create rules and regulations through any executive branch of government in regards to land owned by the United States government.”

Now that sounds correct according to the constitution. Right…. and that any law created by Congress giving that authority to the executive branch “would be or should be unconstitutional”….

So technically, based on our interpretations, President Obama violated the Constitution of the United States unless Congress, unconstitutionally gave him the power to do so. In respect to President Trump’s rescinding of those regulations, he is simply following Constitutional law by taking them off the books. Of course Congress, should be doing all of this, but they have decided to go to sleep on this issue.


California and a group of environmental organizations sued the Trump administration Wednesday over the Interior Department’s repeal of its hydraulic fracturing rule for federal land.

Xavier Becerra (D), a frequent litigant against Trump, announced a lawsuit Wednesday, saying Interior’s Bureau of Land Management (BLM) violated the law when it repealed the rule last month.

“They didn’t follow the law. They didn’t let the law or the facts get in their way in their zeal to repeal what was a commonsense measure. And so California was left with no choice but to take them to court,” Becerra told reporters before filing the lawsuit in the U.S. District Court for the Northern District of California.

A coalition of environmental groups also filed their own lawsuit against the rule in the same court on Wednesday, the first day it was possible to file cases.

“This is another case of the Trump administration putting our public lands and water at risk to pad the bottom line of the oil and gas industry,” Earthjustice attorney Michael Freeman said in a statement.

Interior referred questions about the case to the Justice Department, which did not return a request for comment.

The 2015 rule from the Obama administration set numerous standards for fracking on federal land, mainly in requiring companies to disclose the chemicals they use, standards for well casings and covering fracking fluid waste that’s stored outdoors.

The rule was quickly criticized by Republicans and the oil and gas industry as unnecessarily burdensome and costly.

A federal judge halted the rule in 2015, and overturned it in 2016, saying the BLM did not have congressional authority to regulate fracking. An appeals court overturned that decision in 2017.

The Trump administration and Interior Secretary Ryan Zinke targeted the fracking rule as part of their “Energy Dominance” agenda, saying it stood as a hurdle to domestic fossil fuel production.

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