Overview

Title

To prohibit a moratorium on the use of hydraulic fracturing.

ELI5 AI

This bill says that the President can't stop a way of getting energy from the ground called "fracking" unless Congress gives the okay, and it thinks states should be in charge of fracking on their own lands.

Summary AI

The bill, titled the "Protecting American Energy Production Act," aims to prevent the President from declaring a ban on hydraulic fracturing (also known as fracking) unless Congress approves such a ban. It expresses the belief that individual states should have the primary responsibility for regulating fracking activities on state and private lands rather than federal intervention.

Published

2024-01-31
Congress: 118
Session: 2
Chamber: HOUSE
Status: Reported in House
Date: 2024-01-31
Package ID: BILLS-118hr1121rh

Keywords AI

hydraulic fracturing energy production state regulation federal intervention moratorium executive power congressional approval state lands private lands regulatory authority

Sources

Bill Statistics

Size

Sections:
2
Words:
506
Pages:
4
Sentences:
14

Language

Nouns: 186
Verbs: 25
Adjectives: 14
Adverbs: 1
Numbers: 24
Entities: 60

Complexity

Average Token Length:
3.93
Average Sentence Length:
36.14
Token Entropy:
4.52
Readability (ARI):
18.39

AnalysisAI

Overview of the Bill

The proposed legislation, titled the "Protecting American Energy Production Act," seeks to regulate the use of hydraulic fracturing, commonly known as fracking, within the United States. The key aspect of this bill is the prohibition against the President declaring a moratorium on hydraulic fracturing unless an Act of Congress authorizes such a decision. The bill emphasizes the belief that state governments should primarily regulate fracking activities on state and private lands rather than federal authorities.

Summary of Significant Issues

Several crucial issues arise from this bill:

  1. Balance of Power: The bill proposes significant restrictions on the President's authority to place a moratorium on fracking without explicit congressional approval. This aspect raises notable constitutional considerations, particularly regarding the balance of power between the executive and legislative branches of government. The executive branch traditionally handles rapid responses to emergencies, which could become constrained under this legislation.

  2. State Authority and Primacy: The bill asserts that states should have "primacy" in regulating hydraulic fracturing activities within their borders. However, the term "primacy" is not well-defined, leading to potential challenges and disagreements over whether state or federal agencies hold the ultimate regulatory authority.

  3. Jurisdiction Ambiguities: The legislation references "State and private lands" yet does not provide a clear definition of these areas, causing potential ambiguity and disagreement over jurisdiction between state and federal bodies.

  4. Legal and Implementation Challenges: Without clarity on the consequences of declaring a moratorium without congressional approval, legal ambiguities may arise. These ambiguities could lead to challenges in enforcing the bill's provisions or in dealing with conflicts between federal directives and state authority.

Impact on the Public and Stakeholders

Broad Public Impact

The bill's influence on the general public may vary depending on individual views on environmental and energy production issues. Supporters of increased energy production may view it as a positive step toward maintaining and potentially expanding domestic oil and gas resources. However, those concerned about environmental impacts or climate change may criticize the bill for potentially limiting the government's ability to regulate or pause fracking activities in response to environmental concerns.

Specific Stakeholders Impact

  • State Governments: The bill empowers state governments by positioning them as the main regulatory bodies over fracking on state and private lands. This could result in varied regulations across the country, depending on individual state policies and priorities toward energy production.

  • Environmental Advocates: Environmental groups may express concerns about the limitations placed on federal oversight, particularly in leveraging timely responses to emerging environmental or public health emergencies.

  • Energy Sector: Companies and workers within the oil and gas industry might advocate for such legislation, seeing it as a barrier against abrupt regulatory changes that could disrupt operations. Protecting fracking activities from potential federal restrictions aligns with their interests in maintaining production levels and workforce stability.

  • Legal and Regulatory Professionals: The bill presents potential challenges for legal professionals dealing with conflicts or ambiguities regarding state and federal regulatory powers and its interpretation.

Overall, the "Protecting American Energy Production Act" touches on critical legal and policy matters that will likely lead to significant debate both within Congress and among various public and private stakeholders occupying different sides of the hydraulic fracturing and environmental protection discussions.

Issues

  • The prohibition on the President declaring a moratorium on hydraulic fracturing without an Act of Congress (Section 2) may raise significant concerns about the balance of power between the executive and legislative branches. This issue is related to the ability of the executive branch to respond quickly to environmental or health emergencies versus congressional control over energy policy.

  • The term 'primacy' in Section 2 is used without a clear definition or context for how States should maintain it, leading to potential interpretation issues. This lack of clarity may impact state versus federal regulatory powers which could have legal implications.

  • The text in Section 2 does not specify what constitutes 'State and private lands,' which could lead to ambiguity regarding jurisdiction. This could become a point of contention between state and federal governments in regulating hydraulic fracturing.

  • The text lacks clarity on the impact or consequences if a moratorium were declared without an Act of Congress (Section 2), leaving potential legal ambiguities. This could lead to legal challenges or confusion in the implementation of the bill.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states that it can be called the “Protecting American Energy Production Act.”

2. Protecting American energy production Read Opens in new tab

Summary AI

Congress expresses that states should be in charge of regulating hydraulic fracturing on their own lands, and it forbids the President from stopping this practice unless Congress approves such a move.