Can the president ban fracking in Pennsylvania?

Can a sitting president ban fracking?

Looking specifically at Pennsylvania, as the candidates did, the short answer is no, a president cannot ban fracking. However, there is more to the way Congress and the president work with each other that sheds better light on the situation.

When candidates or even the sitting president talks about “banning fracking,” they mean on federal land. States, like Pennsylvania, have no federal land to frack on. Most leases are on private land, something that a president cannot touch with a federal ban.

The President of the United States only has permission to do the things that the Constitution has granted or that Congress has granted. So since Congress hasn’t given the president permission to ban fracking, most would believe that it is a clear-cut case.

However, although it seems simple, there is more to it than just federal versus private and what powers the president has. The president does have the ability to make the process difficult for energy producers, such as slowing down permit decisions and grant allocations, restricting leasing or imposing a number of “red tape” policies.

Presidents can also regulate fracking under the terms of public health, due to the believed adverse effects of the work. For example, a regulation mandating chemical substitution is more likely to hold up in the long run than a federal ban.

So, can a sitting president ban fracking? As with most things with politics, the answer is convoluted. Will either candidate ban fracking? It is best to look towards their previous policies to get an understanding of where they stand, however, of course, past policies are never a distinct roadmap of what they may do in the future.