The Western Governors' Association (WGA) seems to have thrown down the gauntlet to the Bureau of Land Management (an agency in the Department of Interior) regarding its proposed rule to regulate hydraulic fracking on federal and tribal lands.
Last June 2013, the WGA adopted this resolution:
Western Governors recognize that the states, territories, and flag islands have effectively regulated the practice of hydraulic fracturing and redundant federal regulation is not required.
In a 23 August 2013 letter to Interior Secretary Sally Jewell, the governors stated [emboldening mine]:
“Most of the federal and tribal lands where BLM has jurisdiction and where this new federal rule will apply are located in Western states that have a long history of oil and gas production and robust regulations designed to protect the environment and public health. Because there are often profound differences in geology ,ecology, hydrology, and meteorology, the states are best equipped to design,administer and enforce laws and regulations related to oil and gas development.”
I am not sure all states have done a good job when it comes to 'robust regulations designed to protect the environment and public health'. Has Texas?
It’s important to underscore that state regulatory programs have been thoughtfully designed by experts to address state-specific issues and factors. In addition, they are applied consistently by highly trained staff, regularly reviewed, and continuously subjected to thoughtful administrative oversight. Importantly, the states have greater flexibility to respond to new information and modify or update their rules...and to respond to continuous improvement of both technologies and best practices....BLM has historically recognized the deep expertise and competence of state regulators. There is every reason to expect this system will continue to effectively oversee oil and gas operations.”
Here is the story on the WGA site and the letter to Secretary Jewell:
Thanks to the Western States Water Council newsletter sent to me by Denise Fort.