PolicyBrief
H.R. 133
119th CongressJan 3rd 2025
Protecting American Energy Production Act
IN COMMITTEE

The "Protecting American Energy Production Act" prevents the President from unilaterally banning hydraulic fracturing (fracking) and affirms that states should primarily regulate fracking on state and private lands.

Lauren Boebert
R

Lauren Boebert

Representative

CO-4

LEGISLATION

New Bill Limits Presidential Power over Fracking, Prioritizes State Control

The "Protecting American Energy Production Act" does exactly what it says on the tin: it aims to shield fracking from federal regulation. The bill explicitly states that individual states should be in charge of regulating hydraulic fracturing on state and private lands, effectively cutting the federal government out of the picture.

States in the Driver's Seat

This bill isn't just about giving states more power—it also ties the President's hands. Under this legislation, the President cannot declare a moratorium on fracking unless Congress specifically passes a law allowing it (SEC. 2). This is a big shift, handing the reins over to state governments when it comes to regulating this often-controversial method of energy production.

Real-World Rollout

Imagine a small business owner in Pennsylvania who leases land to a natural gas company. Under current regulations, they deal with both state and federal rules. This bill simplifies things—potentially. They'd primarily answer to state regulations, which could be good or bad, depending on how strict those rules are. Or picture a construction worker in Texas involved in building new pipelines. More fracking usually means more infrastructure, which could translate to more jobs. But it also means more potential environmental impact, and with less federal oversight, it's up to the states to make sure things are done right.

The Big "But"

While the bill could streamline things for energy companies and potentially boost local economies, it raises some serious questions. Can states really handle all the environmental oversight on their own? Will some states prioritize energy production over protecting water and air quality? And what happens when fracking operations cross state lines? This bill might make things simpler, but it could also create a patchwork of regulations that are hard to navigate and potentially less effective at protecting the environment. It also completely removes a check and balance that the federal government, specifically the President, had on preventing potential environmental and health hazards that fracking can cause.