Kern County Judge Challenges California’s Statewide Fracking Ban Over Rulemaking Flaws

Kern County Superior Court Judge Bernard Barmann Jr. has issued a tentative order that may nullify California’s 2021 directive banning hydraulic fracturing, labeling the ban an “invalid underground regulation” that failed to follow required rulemaking procedures. The judge argued that the permit denials were arbitrary, relying on a climate-change rationale that was not the actual basis for the ban, and that the state agency’s claim the ban was necessary to cut greenhouse gases lacked substantial evidence, especially since the ban might increase emissions by necessitating oil imports.

Environmental groups such as the Center for Biological Diversity urged the state to appeal, warning that the decision would re-introduce fracking pollution. The Western States Petroleum Association praised the ruling as sensible, emphasizing California’s need for domestic oil production. The ban originated from Governor Gavin Newsom’s 2021 order to the Department of Conservation’s Geologic Energy Management division, which later admitted to a policy of denying new well-stimulation permits without proper rulemaking. If the tentative ruling becomes final, pending applications would be returned for case-by-case review, potentially reshaping the state’s climate and energy landscape.