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senate Bill S. 3247

Should the U.S. Ban Fracking by 2025?

Argument in favor

Fracking allows the U.S. to continue its ill-advised reliance on greenhouse gas-emitting fossil fuels. While this legislation wouldn’t fully eliminate fossil fuel use in the U.S., it would go a long way toward reducing U.S. fossil fuel production and, consequently, consumption. This would have a significant impact on reducing human-produced greenhouse gases that contribute to global warming and its attendant ills.

jimK's Opinion
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08/29/2020
Too many problems with fracking damaging land, causing earthquakes and polluting aquifers. We do not need oil which is currently more expensive to extract than can be returned by unmanipulated markets, and the future of oil for fossil fuels is greatly limited given the need to address the climate crisis. So why keep doing it? Natural gas will be used for awhile as oil burning is slowed but is not the longer term answer - and there are other more accessible sources for natural gas. So, why keep doing it?
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DRothschild's Opinion
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08/28/2020
Actually, because of the substantial and permanent environmental damage it does, fracking should be banned right now. But, I will settle for 2025. However, because Congress has been for sale to the highest bidder for at least 40 years, I don’t even expect that to happen to be quite honest. You were elected to represent us, not line your own pockets. And you certainly weren’t elected to represent the interests of big business against those who elected you to serve. Here’s a novel idea: why don’t you actually live according to the oath of office you took when you were elected? That’s a new concept, I know, but try to wrap your head around it.
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08/28/2020
Fracking is used on old wells that they can’t pump anymore. Fracturing the earths crust to get the last drop of oil doesn’t make much sense when we have no shortage of accessible oil. The environmental impact is too great, contaminating aquifers that is needed more than oil. You need water to survive and oil doesn’t taste good at all It’s not cheep oil. Each pump trailer cost $1,000,000. Each, it takes ten trailers plumb in series to fract a well and tens of thousands of gallons of water and chemicals that isn’t disclosed because of “trade secrets”
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Argument opposed

The use of fracking to produce low-cost natural gas has generated millions of high-wage American jobs, lessened U.S. reliance on foreign energy sources & increased exports to foreign allies, and delivered low cost energy to households that emits less greenhouse gases than coal. Banning fracking would be devastating to the U.S. economy and efforts to reduce greenhouse gas emissions.

Sneaky-Pete's Opinion
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08/28/2020
👎🏻👎🏻👎🏻 S.3247 - Fracking Ban Act 👎🏻👎🏻👎🏻 I stand strongly opposed to Bernard Sanders (I - VT) Senate Bill S-3247, which would ban hydraulic fracturing (often referred to as “fracking”) in the U.S. by 2025. The fracking ban would go into effect in three phases: it would immediately institute a federal ban on all new federal permits for fracking-related infrastructure; then it would institute a ban on fracking within 2,500 feet of homes and schools by 2021; and finally, it would ban fracking nationwide beginning in 2025. The use of fracking to produce low-cost natural gas has generated millions of high-wage American jobs, lessened U.S. reliance on foreign energy sources & increased exports to foreign allies, and delivered low cost energy to households that emits less greenhouse gases than coal. Banning fracking would be devastating to the U.S. economy and efforts to reduce greenhouse gas emissions. The Sanders legislation impacts sadly the oil and gas industry, fracking, federal lands, oil and gas industry workers, communities affected by fracking, and the U.S. energy market. SneakyPete. 👎🏻👎🏻S.3247👎🏻👎🏻 11.19.20
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Daniel 's Opinion
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08/28/2020
The Democrats will make us dependent on foreign oil. They will make us small again. Just ship more job over seas.
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AVL-Jimbo's Opinion
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08/30/2020
No. Fracking should not be banned, it should be regulated. There is SO MUCH misinformation around hydraulic fracturing that everyone who wants to save the environment has jumped on the bandwagon of saying 'all fracking bad'. This isn't the case. Fracking does not cause your water to be flammable, it doesn't cause earthquakes. It is generally used with natural gas wells and horizontal drilling so that a field can be accessed with FEWER wells doing LESS damage to the environment. The gas is coming out of the ground one way or another. It is much better that we capture and burn it. WHY? That seems crazy. Natural gas contains methane, a powerful greenhouse gas. True, but methane is only so toxic to the atmosphere if it IS NOT BURNED. Burned natural gas produces CO2, which is MUUUUCH cleaner than anything you can do with coal, which produces particulate emissions, releases mercury, etc. There is no such thing as clean coal. We need transitional fuel as we move toward larger solar and wind capacity. There is no way we will be ready to shut off gas power plants in 5 years. People heat their homes, cook your food, on gas. Banning fracking sounds like something everyone should get on board with, but when you look past the mob, critical thinking shows us that an outright ban on fracking is little more than a baseless talking point. Lets continue to move forward, thoughtfully. Making rash decisions does not move us forward, it only damages industry and causes stumbling points. I hope this has answered some of your questions and dispelled some commonly accepted myths. There is no question that there should be more regulation. Operators should be forced to disclose the nature of the chemicals they are adding to the fracking water so we can decide what is acceptable practice, thus far that has been closely guarded company secrets as they all think they have the best mixture. Regulation and transparency is the way forward. If you feel the need to ban something and do some good, shut down coal burning plants as we did in AVL.
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What is Senate Bill S. 3247?

This bill would ban hydraulic fracturing (often referred to as “fracking”) in the U.S. by 2025. The fracking ban would go into effect in three phases: it would immediately institute a federal ban on all new federal permits for fracking-related infrastructure; then it would institute a ban on fracking within 2,500 feet of homes and schools by 2021; and finally, it would ban fracking nationwide beginning in 2025.

This legislation would also initiate a “just transition” for those working in the fracking industry by directing the Dept. of Labor (DOL) to partner with other federal agencies and stakeholders — including organized labor representatives — to develop a plan to prioritize the placement of fossil fuel workers into well-paid jobs in the communities they’re in.

To better understand where and how fracking occurs across the country, this bill would commission a nationwide survey of fracked oil and natural gas wells by the Environmental Protection Agency (EPA).

Impact

Oil and gas industry; fracking; federal lands; oil and gas industry workers; communities affected by fracking; and the U.S. energy market.

Cost of Senate Bill S. 3247

A CBO cost estimate is unavailable.

More Information

In-DepthSponsoring Sen. Bernie Sanders (I-VT) introduced this bill to phase out fracking nationwide

“We must realize that workers in the fracking fields are not the enemy, coal miners are not the enemy, and oil rig workers are not the enemy. Climate change is the enemy. As we transition to 100% renewable energy, we must come together to ensure a just transition for all fossil fuel workers. Fracking is a danger to our water supply. It’s a danger to the air we breathe, it has resulted in more earthquakes, and it’s highly explosive. To top it all off, it’s contributing to climate change. If we are serious about clean air and drinking water, if we are serious about combating climate change, the only safe and sane way to move forward is to ban fracking nationwide.”

Original cosponsor Sen. Jeff Merkley (D-OR) adds that fracking jeopardizes communities’ health

“Fracking has sacrificed the health of communities across America and led to massive releases of potent greenhouse gas pollution. From the formation of dangerous cancer clusters, to poisoned well water and earthquakes, to methane leaks big enough to be seen from outer space, fracking poses unacceptable risks to our health while accelerating climate chaos. Congress needs to stand up for the health of families, and pave the way to a sustainable future for our children and our children’s children by banning this dangerous practice.”

House sponsor Rep. Alexandria Ocasio-Cortez (D-NY) adds

“The science is clear: fracking is a leading contributor to our climate emergency. It is destroying our land. It is destroying our water and it is wreaking havoc on our communities' health. We must do our job to protect our future from the harms caused by the fracking industry and its methane emissions. I am proud to introduce the Fracking Ban Act with Senator Sanders, Senator Merkley, and Congressman Soto to immediately ban hydraulic fracking on and off shore.”

Some centrist Democrats, who have historically seen fracked gas as a cheap, cleaner-burning “bridge fuel” to replace coal, advocate a more moderate approach to limiting fossil fuel use. Sen. Tom Carper’s (D-DE) Clean Economy Act of 2020, which would require federal regulators to set goals for reaching “net zero” greenhouse gas emissions in the U.S. by 2050, is emblematic of this centrist approach (net zero by 2050 is the international goal set by the Paris climate agreement and is what scientists say is needed to avert climate change’s worst impacts).

However, some environmentalists argue that legislation like Sen. Carper’s doesn’t go far enough toward ending fossil fuel reliance. Food & Water Watch policy director Mitch Jones criticizes the Carper bill for failing to curb the worsening effects of climate change, allowing continued fossil fuel use alongside carbon capture technology and leaving open the possibility of cap-and-trade and other “market schemes” to trade pollution credits in lieu of actually reducing pollution. He adds that this legislation, by comparison, is the “gold standard” for limiting fossil fuel production and use: 

“In terms of specifically fighting against the supply side of fossil fuels and fighting against the continuation of extracting and burning fossil fuels, the Sanders and Ocasio-Cortez bills are the gold standards in this Congress.”

The American Petroleum Institute (API) opposes this legislation, which it argues would hurt energy industry workers. Spokeswoman Bethany Aronhalt told The Hill

“Banning a safe, successful method of developing energy would erase a generation of American energy progress and in the process destroy millions of U.S. jobs, spike household energy costs and hurt farmers and manufacturers.”

Texas Oil and Natural Gas Association president Todd Staples adds that this legislation would “actually decimate millions of lives across America [a]nd jeopardize the ability to get much needed power to our hospitals, to our homes, to our schools.”

Mark McCord, director of FracDallas, says oil and gas industry claims that a fracking ban would cost jobs don’t match the reality, as “the industry is hemorrhaging jobs for the last four years anyhow.” However, McCord also questions this bill’s potential impact. He observes that while it’s possible for a president to stop fracking on federal land, they couldn’t stop it on state or private land.

The U.S. Chamber of Commerce disagrees with McCord’s assessment of the job losses that would be associated with a fracking ban. According to a study commissioned by the Chamber, a fracking ban would cost 19 million jobs across the U.S. in its first five or so years.

LawIQ’s Gary Kruse says this bill wouldn’t stand up to legal scrutiny because it takes control away from the states on a range of decisions, undoes a host of federal statutes and makes decisions that should be left up to agencies for them. He concludes: 

“The chance of this statute ever being sustained on appeal is zero. There are all sorts of due process issues with pre-determining an outcome without any ability to defend your particular case."

There may also be political considerations in play, as well. Some Democrats worry that a fracking ban policy could push Pennsylvania — a key battleground state — toward President Donald Trump in November. In a New York Times interview, Pennsylvania lieutenant governor John Fetterman explained, “In Pennsylvania, you're talking hundreds of thousands of related jobs that would be — they would be unemployed overnight. Pennsylvania is a margin play. And an outright ban on fracking isn't a margin play."

Rep. Conor Lamb’s (D-PA) opposition to this legislation illustrates Pennsylvania Democrats’ concerns with this legislation. In a February 14 letter, Rep. Lamb called this bill and its House companion legislation “only designed to make headlines” and score political points with certain voters. He urged House Speaker Nancy Pelosi (D-CA) to reject this bill and instead reiterate Democrats’ support for natural gas and the jobs it supports across the U.S. and particularly in his home district of western Pennsylvania. In his letter, Rep. Lamb insisted that this legislation would “eliminate thousands of jobs in my state and likely millions across the country. It would also remove from our energy grid the source of power that has been most responsible for reducing carbon emissions in our country.”

Some argue that fracking is nowhere near as dangerous as its opponents claim. While testifying in favor of allowing states to regulate fracking in 2013, then-Colorado Governor John Hickenlooper testified to the Senate Committee on Energy and Natural Resources that he drank a glass of fracking fluid produced by oilfield services giant Halliburton. Hickenlooper told the committee, “You can drink [fracking fluid]. We did drink it around the table, almost ritual-like, in a funny way. It was a demonstration. … [Halliburton has] invested millions of dollars in what is a benign fluid in every sense.” According to both Halliburton and Hickenlooper, the company’s fracking fluid is entirely made out of “ingredients sourced from the food industry.” Prior to Hickenlooper’s stunt, Halliburton CEO Dave Lesar offered a company executive to demonstrate the company’s new fracking fluid recipe, CleanStim, by drinking it during a 2011 keynote speech at a conference held by the Colorado Oil and Gas Association. However, Halliburton’s website says that its “CleanStim fluid system should not be considered edible.”

This legislation has one Senate cosponsor, Sen. Jeff Merkeley (D-OR). Its House companion is sponsored by Rep. Alexandria Ocasio-Cortez (D-NY). Numerous environmental justice and environmental advocacy organizations support this legislation. They include the Sierra Club, Food & Water Action, Greenpeace USA, Climate Justice Alliance, Data for Progress, Friends of the Earth, 350.org, Oil Change International, and the Center for Biological Diversity.


Of NoteAccording to the U.S. Interior Dept.’s Office of Natural Resources Revenue, over 2.86 b/d of oil and 18.13 Bcf/d of natural gas production took place on federal land in FY2019. The U.S. Energy Information Administration reports that that production accounted for about 23% of total U.S. oil output and about 18% of total natural gas production for the year.

The oil and gas industry has historically advertised natural gas, much of which is obtained by fracking, as a “bridge fuel.” By making previously-inaccessible oil and gas reserves reachable, fracking has enabled an oil and gas boom that has made the U.S. a fossil fuel powerhouse that could dominate global production for decades. Over the last decade, fracking has fueled U.S. oil and gas productivity, increasing American oil output by 84% over the 2010s and natural gas production by 39% over the same period. In total, more than 1.7 million U.S. wells have been completed using the fracking process. This has made the U.S. a net exporter of natural gas and nearly an overall net exporter of energy

Some contend that fracking has significantly benefited both the U.S. economy as a whole and households in areas where fracking occurs. A 2016 Chamber of Commerce study projected that if the previous decade’s fracking revolution hadn’t occurred, 4.3 million jobs wouldn’t have been created, the U.S. economy would be $500 billion smaller, and residential natural gas prices would be 25% higher. The National Bureau of Economic Research, in a 2016 study, found that fracking brought an average of $1,300-1,900 in annual benefits to local households. This figure included a 7% increase in annual income, a 10% increase in employment, and a 6% increase in housing prices. More generally, a 2017 American Petroleum Institute (API) report found that the oil and natural gas industry overall supported 10.3 million U.S. jobs and projected the industry would add an additional 1.9 million jobs by 2035.

Food & Water Action agrees with the oil and gas industry’s characterization of natural gas as a “bridge,” but sees this as a negative, rather than positive, development. In a report, Food & Water Action writes: 

“Increasing natural gas production simply continues a never-ending ‘bridge,’ displaces clean, renewable energy, and locks in dirty fossil fuel infrastructure for decades. As coal plants close slightly earlier than planned, they are replaced with gas plants that typically have lifespans of 40 to 50 years.”

Thanks in large part to fracking, the U.S. is on track to extract enough new oil and gas by 2050 to make it virtually impossible to avoid a 1.5 degrees-plus Celsius rise in global temperatures. That is the threshold at which scientists believe the planet could face irreversible and catastrophic changes that impact public health, livelihoods, quality of life, food security, water supplies, human security and economic growth. 

However, evidence now shows that fracking is a key driver of the recent global spike in methane emissions (which are over 80 times more potent than carbon dioxide in trapping heat and thereby contributing to the greenhouse effect).

Fracking-related pollution’s impacts are most often felt in vulnerable communities, including low-income, minority, and indigenous communities. According to Sen. Sanders’ office, more than one million African-Americans live within a half mile of oil and natural gas wells and facilities, and children in such communities experience 138,000 additional asthma attacks and 101,000 lost school days each year due to ozone increases from natural gas emissions.

In the absence of federal legislation on this issue, a handful of states — including New York (the first state with sizable fossil fuel reserves to end fracking within its borders), Vermont, Maryland, and Washington — and municipalities across the U.S. have instituted their own fracking bans. However, it’s worth noting that with the exception of New York, these locations don’t have significant natural gas reserves to be fracked in the first place; so their decisions to ban fracking likely didn’t significantly impact their local economies. As of 2015, 90% of U.S. production, excluding federal offshore drilling, came from eight states: Texas, North Dakota, California, Alaska, New Mexico, Oklahoma, Colorado, and Wyoming.

Globally, a number of countries and financial actors have already limited oil and gas extraction. At the country level, Costa Rica and France have had full licensing bans or moratoria in place since 2011 and 2017, respectively. Additionally, New Zealand, Belize, and Denmark have all partial licensing bans in place since 2018. At the financier level, the World Bank, Swedfund, Agence Française de Développement and the European Investment Bank have all removed financing for upstream oil and gas projects (the European Investment Bank’s phaseout will begin in 2021). 


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / FreezeFrames)

AKA

Fracking Ban Act

Official Title

A bill to ban the practice of hydraulic fracturing, and for other purposes.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
    IntroducedJanuary 28th, 2020
    Too many problems with fracking damaging land, causing earthquakes and polluting aquifers. We do not need oil which is currently more expensive to extract than can be returned by unmanipulated markets, and the future of oil for fossil fuels is greatly limited given the need to address the climate crisis. So why keep doing it? Natural gas will be used for awhile as oil burning is slowed but is not the longer term answer - and there are other more accessible sources for natural gas. So, why keep doing it?
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    👎🏻👎🏻👎🏻 S.3247 - Fracking Ban Act 👎🏻👎🏻👎🏻 I stand strongly opposed to Bernard Sanders (I - VT) Senate Bill S-3247, which would ban hydraulic fracturing (often referred to as “fracking”) in the U.S. by 2025. The fracking ban would go into effect in three phases: it would immediately institute a federal ban on all new federal permits for fracking-related infrastructure; then it would institute a ban on fracking within 2,500 feet of homes and schools by 2021; and finally, it would ban fracking nationwide beginning in 2025. The use of fracking to produce low-cost natural gas has generated millions of high-wage American jobs, lessened U.S. reliance on foreign energy sources & increased exports to foreign allies, and delivered low cost energy to households that emits less greenhouse gases than coal. Banning fracking would be devastating to the U.S. economy and efforts to reduce greenhouse gas emissions. The Sanders legislation impacts sadly the oil and gas industry, fracking, federal lands, oil and gas industry workers, communities affected by fracking, and the U.S. energy market. SneakyPete. 👎🏻👎🏻S.3247👎🏻👎🏻 11.19.20
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    Actually, because of the substantial and permanent environmental damage it does, fracking should be banned right now. But, I will settle for 2025. However, because Congress has been for sale to the highest bidder for at least 40 years, I don’t even expect that to happen to be quite honest. You were elected to represent us, not line your own pockets. And you certainly weren’t elected to represent the interests of big business against those who elected you to serve. Here’s a novel idea: why don’t you actually live according to the oath of office you took when you were elected? That’s a new concept, I know, but try to wrap your head around it.
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    Fracking is used on old wells that they can’t pump anymore. Fracturing the earths crust to get the last drop of oil doesn’t make much sense when we have no shortage of accessible oil. The environmental impact is too great, contaminating aquifers that is needed more than oil. You need water to survive and oil doesn’t taste good at all It’s not cheep oil. Each pump trailer cost $1,000,000. Each, it takes ten trailers plumb in series to fract a well and tens of thousands of gallons of water and chemicals that isn’t disclosed because of “trade secrets”
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    Fracking is associated with many environmental problems (triggering man-made earthquakes, disposal of dirty water & chemicals used in the process) and health problems (respiratory disease, cancer, adverse neonatal outcomes, dead animals, headaches, nausea, nose bleeds, etc). https://www.sciencedaily.com/releases/2020/03/200302122540.htm https://stateimpact.npr.org/pennsylvania/2020/06/25/pa-grand-jury-report-on-fracking-dep-failed-to-protect-peoples-health/ https://www.bcaction.org/our-take-on-breast-cancer/stop-fracking/ https://advances.sciencemag.org/content/3/12/e1603021.full https://www.sciencemag.org/news/2017/12/fracking-linked-low-weight-babies https://marcelluscoalition.org/2019/09/scientists-find-studies-linking-fracking-to-health-impacts-poorly-designed-inconclusive/ https://marcelluscoalition.org/2019/09/scientists-find-studies-linking-fracking-to-health-impacts-poorly-designed-inconclusive/ https://www.sciencedirect.com/science/article/abs/pii/S0048969720320106 https://www.theatlantic.com/science/archive/2017/12/data-from-11-million-infants-suggests-fracking-harms-human-health/548315/?gclid=Cj0KCQjw-af6BRC5ARIsAALPIlU5179NvXjOqZ4wv5fJYqUETiUyypSWEzJzOSwQVqbY6cAz-bY0EcUaAmuYEALw_wcB
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    The Democrats will make us dependent on foreign oil. They will make us small again. Just ship more job over seas.
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    They should ban fracking.....yesterday.....It is an absolutely MORONIC and dangerous process.....Why wait for five years?...Waiting..... ANOTHER moronic idea.
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    Fracking allows the U.S. to continue it foolish dependency on greenhouse gas-emitting fossil fuels. While this legislation wouldn’t fully eliminate fossil fuel use in the U.S., it would go a long way toward reducing U.S. fossil fuel dependency. This would have a significant impact on reducing human-produced greenhouse gases that contribute to global warming and its attendant ills.
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    We are destroying the planet. We are careless, stupid and selfish as hell. Fracking is one of the nastiest things we have come up with. This and large drag net fishing that snares everything in its path. I hate the human race.
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    Fracking causes earthquakes ask anyone in Iklahoma
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    Support this bill. End harmful fracking in USA. Protect our public from harmful chemicals. Ban fracking.
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    Fracking should be banned today.
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    If one looks into fracking, one would never allow it. It must be ended ASAP. Alternative energy sources must be developed and put in place ASAP. But people like @Caren are correct. In areas where fracking is occurring, there will be severe economic consequences, including job loss. If we had a better "true people-oriented government," local, state, and federal programs, "we" could provide temporary economic assistance, job training, and relocation expenses.
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    YES. YES. YES.
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    Trump lives in a metro area in a tower. He does not care one wit about how much wilderness or Eco system he destroys. It doesn't make any difference whether it's fracking for gas and oil, off shore drilling, or mining in the boundary waters. Have congress pass a bill for fracking to be allowed at Mar A Logo and see how fast you get a reaction.
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    We can shift to solar, wind, hydro, and geothermal sources. Why should anyone use natural gas from fracking
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    The sooner the better for all. Reliance on fossil fuels means we continue to pollute the earth, destroy important ecosystems and worsen climate change. We are passing on thousands of new jobs and technologies which could have a positive effect on the entire world.
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    Fracking should be banned NOW, Imagine the damage another five years will bring!
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    They should ban it earlier. It is one of the most ecologically destructive energy production styles.
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    Yes, absolutely. Not necessary. Renewable, Green technology can provide all necessary energy needs at a lower cost, along with high-paying jobs.
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