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How can a President ban fracing?

Posted on 10/8/20 at 8:15 pm
Posted by Errerrerrwere
Member since Aug 2015
38285 posts
Posted on 10/8/20 at 8:15 pm
Just curious how you can legally ban something that’s been in practice for almost 75 years?
Posted by LSU Patrick
Member since Jan 2009
73508 posts
Posted on 10/8/20 at 8:15 pm to
Unleash the EPA
Posted by jamboybarry
Member since Feb 2011
32653 posts
Posted on 10/8/20 at 8:16 pm to
Through the permitting as I understand it
Posted by dakarx
Member since Sep 2018
6844 posts
Posted on 10/8/20 at 8:16 pm to
It won't be outright banned. But a play from Obamma will be brought back in... no future permits will be issued.
This post was edited on 10/8/20 at 8:17 pm
Posted by TigerDog83
Member since Oct 2005
8274 posts
Posted on 10/8/20 at 8:16 pm to
They can’t. States regulate these activities on private lands. The federal government can only change permitting on federal lands, and that will mainly hit New Mexico Permian and Colorado possibly in places. Most of the remaining plays would be largely unaffected.
Posted by Errerrerrwere
Member since Aug 2015
38285 posts
Posted on 10/8/20 at 8:17 pm to
quote:

Through the permitting as I understand it


So, the Texas Railroad Commission is a Federal Agency?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98841 posts
Posted on 10/8/20 at 8:17 pm to
EPA
CoA
Permitting
Posted by NineLineBind
LA....no, the other one
Member since May 2020
6914 posts
Posted on 10/8/20 at 8:17 pm to
Overwhelm frackers with regulations.
Posted by davyjones
NELA
Member since Feb 2019
30116 posts
Posted on 10/8/20 at 8:18 pm to
An Executive Order wouldn't do it? It's not like fracking is specifically protected by the Constitution. I would certainly imagine immediate litigation in federal court, but can't immediately come up with the legal basis for such litigation.
Posted by jamboybarry
Member since Feb 2011
32653 posts
Posted on 10/8/20 at 8:18 pm to
quote:

So, the Texas Railroad Commission is a Federal Agency?


No but the EPA is
Posted by DaBike
Member since Jan 2008
9169 posts
Posted on 10/8/20 at 8:19 pm to
Congress would have to pass a law for the president to sign. If that doesn’t happen the president can only ban fracing on federal land.
Posted by TigerDog83
Member since Oct 2005
8274 posts
Posted on 10/8/20 at 8:20 pm to
No executive order can override the states ability to legislate their own oil and gas and mineral extraction industries. See each state that has a railroad commission, conservation office, etc. I don’t see congress liking their constituents being cold, hungry, and in the dark should they eliminate natural gas production in the United States.
This post was edited on 10/8/20 at 8:22 pm
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105413 posts
Posted on 10/8/20 at 8:29 pm to
Deny permits on “federal” land really and then pile on needless regulations.

It will negatively affect a lot of Americans and communities.
Posted by davyjones
NELA
Member since Feb 2019
30116 posts
Posted on 10/8/20 at 8:29 pm to
quote:

No executive order can override the states ability to legislate their own oil and gas and mineral extraction industries.

I'll roll with that. I certainly wouldn't want him to have any such power. Don't get me wrong on that...
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 10/8/20 at 8:30 pm to
A president can’t generally ban fracking except for fed lands. So offshore, some bakken, a lot of prb, some niobrara and the NM side of the Delaware should be concerned.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27537 posts
Posted on 10/8/20 at 8:31 pm to
Most of the land in the Permian is known as PSL or Public School Lands. It's a state thing.
Posted by PhDoogan
Member since Sep 2018
14947 posts
Posted on 10/8/20 at 8:39 pm to
Spending Clause.
Posted by TigerDog83
Member since Oct 2005
8274 posts
Posted on 10/8/20 at 8:41 pm to
Probably why I clearly mentioned New Mexico permian and Colorado / powder river, huh? Bakken I’m not sure about but it’s so drilled up I doubt it’s very material. Pine dale could be in trouble in that scenario too but with wells down to 5 ac spacing its likely got little left to give.
This post was edited on 10/8/20 at 8:43 pm
Posted by Taxing Authority
Houston
Member since Feb 2010
57264 posts
Posted on 10/8/20 at 9:03 pm to
quote:

Unleash the EPA
This. RCRA and CERCLA can be used for just about anything the government wants to do.
This post was edited on 10/8/20 at 9:03 pm
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 10/8/20 at 9:38 pm to
quote:

Bakken I’m not sure about but it’s so drilled up I doubt it’s very material. Pine dale could be in trouble in that scenario too but with wells down to 5 ac spacing its likely got little left to give.


Many existing wells will eventually require additional fracking as well output declines.
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