President Barack Obama’s efforts to leave a robust legacy of environmental protection have suffered another blow as a federal judge struck down an attempt to tighten fracking rules on public land.
A district court judge ruled that measures intended to prevent pollution from fracking were unlawful, the latest setback for the Obama administration as it seeks to act on the environment via regulation rather than legislation in Congress.
The government could appeal against the ruling, but it means Mr Obama will leave the White House in January 2017 with the future of several signature initiatives still uncertain. His best hope for a lasting green legacy is likely to be the election of Hillary Clinton as his successor.
The judge’s decision was cheered by the oil industry on Wednesday. The fracking rules had been written by the Department of the Interior and covered wellbore construction, wastewater management and the disclosure of chemicals used in fracking on public land across the US.
Scott Skavdahl, the Wyoming district court judge, wrote: “Congress has not delegated to the Department of the Interior the authority to regulate hydraulic fracturing. The [agency’s] effort to do so through the fracking rule is in excess of its statutory authority and contrary to the law.”
The Obama administration has also seen judges halt the implementation of landmark rules to curb greenhouse gas emissions from power plants and to protect small from pollution, as lawsuits against the rules work their way through the courts.
“A lot of it is going to depend on the next president,” said Rachel Pierson, head of research at Beacon Policy Advisors, an independent group in Washington. “If Hillary Clinton wins the election she has said she’d be willing to defend and carry on [Mr Obama’s] legacy.”
Donald Trump, the Republican candidate, has questioned the science of climate change and Democrats for wanting stricter regulations on fracking.
Mr Obama has resorted to administrative action to curb pollution because Republicans in Congress have prevented the passage of environmental legislation, which would form the foundation of a more solid legacy.
The interior department said on Wednesday it was “unfortunate” that the implementation of fracking rules continued to be delayed. It said the judge’s ruling “prevents regulators from using 21st century standards to ensure that oil and gas operations are conducted safely and responsibly on public and tribal lands”.
The Independent Petroleum Association of America, which was part of the legal challenge against the rule, welcomed the decision. Barry Russell, its president, said the rule was unnecessary because “states are far more effective at properly regulating hydraulic fracturing than the federal government”.
As many as 100,000 oil and gas wells have been drilled on the federal land affected by the fracking judgment, accounting for about 11 per cent of US natural gas production and 5 per cent of oil production.
The fracking rules had broader significance because the White House wanted them to serve as a blueprint for state regulators who supervise the oil and gas industry on private land.
Barry Rabe, a public policy professor at the University of Michigan, said a clear pattern of environmental setbacks was emerging for Mr Obama.
“They represent a significant challenge to his ability to have a lasting impact in these areas, and underscore the broader risks when policy is adopted not through legislation but by going back to earlier statutes and trying to reapply them to new circumstances,” he said.
Fracking involves pumping a mixture of water, sand and chemicals into wells at high pressure to create fissures in rocks that allow oil and gas to escape.
Environmental groups continue to warn about its potential to contaminate water and air and trigger seismic activity, but the oil and gas industry says their fears are largely unfounded.