H.R.26 - Protecting American Energy Production Act (119th Congress)
Summary
H.R. 26, the "Protecting American Energy Production Act," seeks to prevent the President from unilaterally imposing a moratorium on hydraulic fracturing (fracking) unless authorized by an Act of Congress. The bill also expresses the sense of Congress that states should have primary regulatory authority over fracking on state and private lands. This legislation aims to ensure continued energy production through hydraulic fracturing.
The bill emphasizes state control over fracking regulation and limits presidential power. It reflects a congressional intent to maintain current energy production levels.
The Act was passed by the House of Representatives and referred to the Senate Committee on Energy and Natural Resources.
Expected Effects
The primary effect of this bill, if enacted, would be to limit the President's ability to halt hydraulic fracturing. States would likely retain their existing regulatory authority over fracking activities.
Energy companies would likely experience more regulatory certainty, potentially encouraging further investment in fracking operations. Environmental groups may face challenges in advocating for federal-level restrictions on fracking.
This could lead to continued or increased domestic oil and natural gas production.
Potential Benefits
- Energy Independence: Continued fracking could contribute to U.S. energy independence.
- Job Creation: The oil and gas industry supports numerous jobs.
- State Revenue: States with fracking activity benefit from increased tax revenue.
- Lower Energy Costs: Increased supply of oil and gas could lead to lower energy prices for consumers.
- Economic Growth: The energy sector contributes significantly to the overall economy.
Potential Disadvantages
- Environmental Concerns: Fracking has been linked to water contamination and seismic activity.
- Climate Change: Increased fossil fuel production contributes to greenhouse gas emissions.
- Public Health: Air and water pollution from fracking can negatively impact public health.
- Reduced Federal Oversight: Limiting federal authority could lead to weaker environmental regulations.
- Dependence on Fossil Fuels: Continued reliance on fossil fuels may hinder the transition to renewable energy sources.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's emphasis on state regulatory authority could be seen as aligning with principles of federalism, although the Constitution does not explicitly address energy regulation. Article I, Section 1 vests legislative powers in Congress, which arguably includes the power to regulate or limit presidential actions regarding energy policy.
The bill does not appear to infringe upon any specific individual rights or liberties protected by the Constitution. The division of power between the federal government and state governments is a core constitutional principle.
However, the Commerce Clause (Article I, Section 8) grants Congress the power to regulate interstate commerce, which could be interpreted to include the regulation of hydraulic fracturing if it affects interstate energy markets.
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).