DRILL Now Act: River Basin Commissions Lose Power to Regulate Fracking, States Gain Control

The "Denying Regulatory Interference with Landowners and Legislatures Now Act," or DRILL Now Act, significantly changes how hydraulic fracturing (aka fracking) is regulated in the Susquehanna, Delaware, and Potomac River basins. The bill prevents the commissions that oversee these rivers—the Susquehanna River Basin Commission, the Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin—from putting any rules on fracking into effect unless specifically authorized by the state governments involved (SEC. 2).

What's the Deal?

This law is all about shifting power from regional bodies to individual states. Instead of these river basin commissions having the final say on fracking regulations, each state gets to decide whether or not to allow fracking and how to regulate it within its borders. The commissions, which are designed for cooperative management of shared water resources, can't regulate fracking unless a state gives the green light.

Real-World Rollout

Imagine you're a landowner in Pennsylvania, sitting on land within the Susquehanna River Basin. Previously, the Susquehanna River Basin Commission might have had regulations in place limiting or controlling fracking activities to protect water quality. Now, with the DRILL Now Act, the state of Pennsylvania has the sole authority to decide if, where, and how fracking can occur. If Pennsylvania decides to loosen regulations, fracking operations could expand, potentially impacting water resources shared with other states. Or, if you are a small business owner near a river, you won't know if the water will be clean. This is because each state may have different rules.

Who Feels the Change, and How?

• Landowners: Could see increased opportunities to lease land for fracking, depending on their state's stance.
• Oil and Gas Companies: Likely to face a less complex regulatory environment, but this varies by state.
• Local Businesses: Those relying on clean water (like breweries, farms, or tourism) could face uncertainty, depending on how their state manages (or doesn't manage) fracking risks.
• Residents of the affected areas: The changes mean that the safety of their water supply is more dependent on state-level decisions.

Potential Potholes

One of the biggest concerns here is inconsistency. With each state making its own rules, you could end up with a patchwork of regulations. One state might have strict environmental protections, while a neighboring state might prioritize energy production and have looser rules. This could lead to problems with water quality that cross state lines, undermining the whole point of having regional river basin commissions in the first place. The commissions were set up to manage shared resources cooperatively, but this bill limits their ability to do that when it comes to fracking. It also sets a precedent: If regional authority can be overruled on fracking, what's to stop similar moves on other environmental issues?