Kern County judge rips California over ‘invalid’ fracking ban

A Kern County Superior Court judge issued a tentative ruling that could strike down California's fracking ban, calling it an invalid underground regulation adopted without the rulemaking the law requires. Judge Bernard Barmann Jr. found the state's climate-change rationale wasn't actually the basis for denying permits, and noted the state's own analysis showed the ban would increase global emissions by pushing oil imports elsewhere.

The judge was particularly unimpressed that California spent two years denying in court filings that any categorical ban existed at all, only admitting under oath that permits had been blanket-denied since July 2021. He also quoted Governor Newsom's 2019 statement that he had no legal power to impose a fracking moratorium unilaterally, then noted Newsom's own staff later acknowledged giving exactly that direction.

Environmental groups want an appeal if the ruling becomes final, while the oil industry called it common sense. The case now awaits comment from both sides before Barmann issues a final decision.

The full dispatch is available from the source below.