MDN reported today on the settlement of an environmental damage case in Weztel County, WV by Chesapeake Energy (see this MDN story). The story mentions that the federal Environmental Protection Agency (EPA) got involved through the back door of the Clean Water Act. MDN has long maintained that the EPA is attempting to control more and more of natural gas drilling in the country (we believe they’re a rogue agency on this issue).
The U.S. Constitution makes it clear that regulating oil and gas drilling is not a federal function but a state function. Using the Clean Water Act, the Clean Air Act and other federal legislation, the camel’s nose of the EPA is not just under the flap of the tent, most of the camel is now inside the tent. Why do we say that?