According to the Akron Beacon Journal, Ohio joined 11 other states in warning U.S. EPA not to employ the tactic of "sue and settle" to regulate hydraulic fracturing:  "The letter, signed by 12 energy-producing states, was sent to the EPA after several northeastern states threatened to sue the agency for not taking over regulatory responsibility of oil and gas production. The Clean Air Act provides states, not the federal government, with primary regulation responsibility. *** The letter states, 'It is abundantly clear that EPA should not succumb to the pressure intended by the Northeastern States. … Any discussions to regulate methane emissions from oil and gas facilities would obviously have a significant impact on the economy and citizens of those states. … EPA must, at a minimum, include Oklahoma and other states with similar interests in any negotiations.'”

The tactic is real ...