ARTICLE
17 February 2020

The Latest Fracas Over Fracking: Legislation Aims To Ban Fracking

AG
Akin Gump Strauss Hauer & Feld LLP

Contributor

Akin is a law firm focused on providing extraordinary client service, a rewarding environment for our diverse workforce and exceptional legal representation irrespective of ability to pay. The deep transactional, litigation, regulatory and policy experience we bring to client engagements helps us craft innovative, effective solutions and strategies.
Last week, a subset of the Democratic Senators and Representatives who previously led the introduction of the "Green New Deal" proposed legislation that, while a longshot...
United States Energy and Natural Resources
To print this article, all you need is to be registered or login on Mondaq.com.

Last week, a subset of the Democratic Senators and Representatives who previously led the introduction of the “Green New Deal” proposed legislation that, while a longshot, would alter dramatically the U.S. energy industry. Sen. Bernie Sanders (I-VT) and cosponsor Sen. Jeff Merkley (D-OR) have proposed the Fracking Ban Act (S. 3247), which would end all U.S. onshore and offshore hydraulic fracturing activities, or “fracking,” by January 2025. Reps. Alexandria Ocasio-Cortez (D-NY) and Darren Soto (D-FL) are expected to propose similar legislation in the U.S. House of Representatives.

The Fracking Ban Act would impose an immediate prohibition on federal agencies’ authority to grant permits to expand fracking infrastructure. Subsequently, by the end of January 2021, the bill would require the U.S. Environmental Protection Agency to identify all current and former fracking wells in the United States to tee up a nationwide revocation of federal permits for those wells located within 2,500 feet of homes, schools and other inhabited structures. During this time, a federal interagency working group, called the Just Transition Committee, would make recommendations to Congress to ensure the health and safety of communities impacted by the fracking phase out.

While most of the Democratic candidates in the 2020 presidential campaign have called for some limitation of fracking, such proposals are limited by the constraints of executive authority. This legislation, the first of its kind, represents a sweeping effort that would both stop the expanded use of and, ultimately, rescind previously approved fracking permits. While not likely to advance or attract more than a handful of Democratic supporters in the current Congress, the Fracking Ban Act represents a dramatic approach that would reshape the oil and gas sector and the American economy.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More