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Tuesday, February 8, 2011

Freedom to Drill Act – Intrastate Mining Act

A bill to amend the Code of Louisiana by adding thereto a new article, relating to creating the Freedom to Drill Act – Intrastate Mining Act; establishing that the environmental regulation of oil, natural gas, and other minerals mined or extracted within the borders of the state is exclusively regulated by the Louisiana Department of Natural Resources; stating the legislative authority; and defining terms.

Findings: Mining of oil, natural gas, and other minerals falls outside the definition of ‘commerce’ as understood by the Framers and Ratifiers of the United States Constitution, defined as ‘Traffick, Trade or Merchandise in Buying and Selling of Goods.’ (Giles Jacob, A New Law-Dictionary (8th ed. 1762), quoted in Robert G. Natelson, “The Legal Meaning of ‘Commerce’ in the Commerce Clause.” St. John’s Law Review 80 (October 28, 2006): 789-848. http://www.umt.edu/law/faculty/natelson/articles/Commerce%20Clause.pdf .) Therefore, neither the U.S. Congress nor any other branch or department of the U.S. government have any power to regulate mining in Louisiana or any other state under color of authority of the Commerce Clause of the U.S. Constitution.


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