H.R.1341 - Denying Regulatory Interference with Landowners and Legislatures Now Act; DRILL Now Act (119th Congress)
Summary
H.R.1341, the DRILL Now Act, aims to amend the Water Resources Development Act of 2007 by limiting the regulatory authority of the Susquehanna River Basin Commission, the Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin over hydraulic fracturing. Specifically, it prevents these commissions from finalizing, implementing, or enforcing regulations on hydraulic fracturing unless the authority comes from the state in which the regulation is applied.
The bill seeks to ensure that state governments retain primary control over hydraulic fracturing regulations within these river basins. This would shift regulatory power away from interstate commissions and towards individual states.
The bill is sponsored by Mr. Perry and several other representatives, and was referred to the Committee on Transportation and Infrastructure.
Expected Effects
If enacted, H.R.1341 would likely result in a decentralization of regulatory oversight regarding hydraulic fracturing in the specified river basins. States would have greater autonomy in setting and enforcing regulations related to fracking.
This could lead to varying levels of environmental protection and industry oversight across the different states within the basins. The uniformity of regulations across state lines would likely decrease.
Potential Benefits
- Increased state control and responsiveness to local needs regarding hydraulic fracturing.
- Potential for reduced regulatory burden on energy companies operating within these basins.
- Could lead to increased energy production and economic activity within the states.
- Clarification of regulatory authority, potentially reducing legal challenges and uncertainty.
- Promotes states' rights and limits the power of interstate commissions.
Potential Disadvantages
- Potential for weakened environmental protections due to varying state regulations.
- Risk of inconsistent standards across the river basins, complicating industry operations.
- Possible negative impacts on water quality and public health if state regulations are less stringent.
- Reduced ability for regional coordination in managing shared water resources.
- Could lead to increased public concern and opposition to hydraulic fracturing due to perceived regulatory gaps.
Most Disadvantaged Areas:
Constitutional Alignment
The bill touches on the balance of power between the federal government, interstate compacts, and state governments. Article I, Section 10, Clause 3 of the Constitution addresses interstate compacts, requiring Congressional consent for agreements between states. This bill effectively amends prior Congressional consent by limiting the authority granted to the commissions created by those compacts.
The Tenth Amendment, which reserves powers not delegated to the federal government to the states, is relevant here. H.R. 1341 seeks to reinforce state authority over hydraulic fracturing regulation, which aligns with a view of limited federal intervention in areas traditionally regulated by states.
However, the Commerce Clause (Article I, Section 8, Clause 3) could be invoked to argue for federal oversight if hydraulic fracturing activities substantially affect interstate commerce or water resources.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).