California Fracking Ruling Could Unlock Billions of Barrels of Oil

A tentative court ruling could reopen the door to fracking in Kern County, offering oil producers hope of tapping into significant reserves that have remained inaccessible under California's ban.

Kern County Superior Court Judge Bernard C. Barmann Jr.’s preliminary decision comes two years after the state formally banned the practice and five years after it stopped approving fracking applications. In his ruling, Barmann Jr. found that regulators had not followed the legally required process when implementing the restrictions.

The judge described the prohibition on well stimulation treatments, including fracking, as an “invalid underground regulation” that was “adopted without the rulemaking the Administrative Procedure Act requires.” He stated that the permit denials were arbitrary and unsupported because they relied on a climate-change rationale that was not the operative basis for the ban.

Barmann also questioned the state’s environmental justification for the ban, arguing that the evidence did not substantiate claims that it would significantly curb greenhouse gas emissions. He noted that the agency’s own findings indicated that the restrictions could potentially increase global greenhouse gas emissions by compelling California to rely more heavily on imported oil.

Fracking, which involves pumping liquid underground at high pressure to fracture rock and release trapped oil and gas, is a key focus of this legal challenge. Chad Hathaway, CEO of Hathaway Oil, told KGET that Kern County’s diatomite formation contains an estimated one billion barrels of oil that cannot be extracted without fracking.

“The rock is too tight. So maybe we unlock a lot of production in California, actually, in Kern County, specifically, not necessarily California,” Hathaway said.

The Western States Petroleum Association welcomed the ruling, with association President Jodie Mueller stating that applications should be assessed individually rather than banning the practice outright. Mueller called the decision “incredibly common sense” and argued that hydraulic fracturing applications should be evaluated on their merits, not blocked by what she described as a blanket denial based on politics.

However, Cesar Aguirre of the Central California Environmental Justice Network countered that legislation passed last year already provides a pathway to approve up to 2,000 new drilling permits. Aguirre stated that a ban on fracking is not necessary to increase production, as existing legislation already addresses this.

He argued that allowing fracking would primarily benefit corporations seeking to extract oil from wells nearing the end of their productive lives, while potentially increasing the environmental impact of drilling operations.

The tentative ruling initiates a review process before a final decision is issued, typically within 50 days. The legal battle is expected to continue, with any appeals potentially extending the case for years.