California judge's tentative ruling could reopen fracking in Kern County

In a tentative ruling, Kern County Superior Court Judge Bernard C. Barmann Jr. declared California's ban on hydraulic fracturing invalid, arguing that regulators failed to follow required rulemaking procedures. He described the prohibition as an "invalid underground regulation" and criticized the climate-change rationale as unsupported. The judge also contested the claim that the ban would meaningfully curb greenhouse-gas emissions, finding no substantial evidence.

Oil executives, including Chad Hathaway, pointed to the diatomite formation’s potential to yield up to one billion barrels of oil if fracking were allowed. The Western States Petroleum Association praised the decision as common-sense, while Cesar Aguirre of the Central California Environmental Justice Network argued that recent legislation already provides a pathway for new drilling permits, making a ban lift unnecessary. A final decision is expected within about 50 days, with an appeal likely to extend the legal battle.