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States Challenge Attempted Federal Power Grab in Hydraulic Fracturing Issue

Oklahoma City, OK (PRWEB) June 10, 2009

The Interstate Oil and Gas Compact Commission (IOGCC) reaffirmed its strong stance today that the states remain the best positioned to regulate the use of hydraulic fracturing for the production of oil and natural gas.

The response comes on the heels of a bill introduced in the House and the Senate yesterday calling for the repeal of the exemption of hydraulic fracturing from the Safe Drinking Water Act (SDWA), which would ultimately give the federal government jurisdiction over the regulation of the technology.

“The states do a superb job of protecting human health and the environment through sound regulation,” said Carl Michael Smith, IOGCC executive director. “An unnecessary shift to federal regulation of hydraulic fracturing could greatly inhibit the production of much-needed oil and natural gas resources at a time when our nation’s energy security is critical.”

Hydraulic fracturing is a common half century old technology that plays a major role in the development of virtually all unconventional oil and natural gas resources. Recently some have made claims that the process can contaminate underground drinking water sources.

Historically the states have been the primary regulators of hydraulic fracturing. IOGCC member states each have comprehensive laws and regulations to provide for safe operations and to protect drinking water sources, and have trained personnel to effectively regulate oil and natural gas exploration and production.

Multiple studies have been conducted on this issue, including an extensive study by the U.S. EPA in 2004 and a survey of IOGCC member state regulators. To date there are no verified cases of contamination of underground drinking water as a result of the process.

“As the head regulator of oil and natural gas development in the state of North Dakota and an officer of the IOGCC representing all oil and natural gas producing state regulators, I can assure you that we have no higher priority than the protection of our states’ water resources,” said Lynn Helms, director of North Dakota’s Department of Mineral Resources in a House Energy and Mineral Resources Subcommittee hearing last week. “It is my firmly held view and that of the IOGCC that the subject of hydraulic fracturing is adequately regulated by the states and needs no further study.”

The IOGCC passed a resolution urging Congress to refrain from taking action on this issue in December of last year maintaining that SDWA was never intended to grant the federal government authority to regulate oil and gas drilling and production operations, such as “hydraulic fracturing,” under the Underground Injection Control program. Since that time several states have followed suit and filed their own resolutions, including Alabama, Louisiana, North Dakota, Oklahoma, Texas, Utah and Wyoming.

“Regulation of hydraulic fracturing as underground injection under the SDWA would impose significant administrative costs on the state, substantially increase the cost of drilling oil and natural gas wells with no resulting environmental benefits, and increase energy costs to the consumer,” the resolution stated.

To view IOGCC’s full resolution, visit http://www.iogcc.state.ok.us.

The IOGCC, representing the governors of 30 member and eight associate states, promotes the conservation and efficient recovery of the nation’s oil and natural gas resources while protecting health, safety, and the environment. Established by the charter member states’ governors in 1935, it is the oldest, largest, and most effective interstate compact in the nation.

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First Lawsuit Filed to Challenge Deficit Reduction Act

Phoenix, AZ (PRWEB) February 28, 2006

Due to a clerical error in the bill and in a move that challenges the bill’s constitutionality, Republican activist and Mobile, AL, elder law attorney Jim Zeigler on Feb. 13 filed a lawsuit disputing the bill. Along with cuts to programs such as Medicare and Medicaid, the bill hits the federal student loan program hardest, slashing a total of $ 12.7 billion. Zeigler served as President Bush’s attorney during the 2004 election.

The clerical error followed the bill’s approval, as the bill was forwarded to the house where it then was mistakenly changed by a Senate clerk.

Medicare Provision Upsets Bill

The Senate passed the bill that included a Medicare provision that would pay 13 months of renting certain types of durable medical equipment, whereas the House version passed with verbiage of 36 months for Medicare patients. Accordingly, the Constitution requires identical versions be signed by both the Senate and House before a bill is signed into law by the president.

No date for a hearing has been set for Zeigler’s lawsuit, Civil Action: 2006-80 and filed in the U.S. District Court for the Southern District of Alabama. However, with the word out that the bill is in violation of the Constitution other lawsuits could follow.

“If my lawsuit succeeds the entire act will be declared unconstitutionally enacted,” Zeigler said.

Lawsuit Could Befriend Student Loan Industry

With regard to the Deficit Reduction Act’s huge cuts to student loans, Zeigler said, “All of the provisions of the student loans will revert to how they were prior to Feb. 8 even though my particular area of concern is with Medicare and nursing home eligibility that is of no consequence in the case itself.

“My legal point is that the house passed one version, the Senate passed another version and the president signed the Senate version. That violates the Constitution, Article 1 Section 7. Me and my lawsuit could become the new best friend of the student loan program,” he said.

The differing versions have Democrats and constitutional law experts questioning the legality of the bill. From the start, Democrats have been up in arms over the legislation. The clerical error seems to be a notch in the belts of Democrats who would like to see the bill undone. The error has afforded Democrats the possibility of undoing the bill.

Democrats Want Recourse

Rep. Nancy Pelosi, D-CA, Democratic House Leader, along with Rep. Henry Waxman, D-CA, the ranking member on the Government Reform Committee, and six senior House Democrats sent a letter to Rep. Dennis Hastert, R-IL, Speaker of the House, stating that Americans have the right to be notified of the mistake. They requested that GOP leaders reconsider the bill with the intention to pass identical bills by the House and Senate.

With heat from Democrats and Zeigler’s lawsuit, GOP leaders could very well find themselves in a tough position regarding the Deficit Reduction Act. However, many Republican leaders now say identical bills do not have to pass to become law.

“Were putting together possibly a preliminary injunction to ask the judge to enjoin the effective date of the law. And we’re studying that right now,” Zeigler said of his lawsuit. “I’ve had four inquiries from other states about joining this suit or filing a separate lawsuit in coordinating efforts.”

NextStudent is one of the nation’s premier education funding companies and is a trusted source in getting you all the appropriate information on student loans. NextStudent believes that getting an education is the best investment you can make. For information about both federal and private student loans, how to apply for a student loan consolidation, or how to use our free scholarship search engine, please visit http://www.nextstudent.com .

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