Hoeven Supports State Primacy Over Regulation of Energy Development

Senator Cosponsors Resolution Protecting American Energy Security

WASHINGTON – Senator John Hoeven, a member of the Senate Energy and Natural Resources Committee, this week cosponsored a resolution introduced by Senators Pat Toomey (R-Pa.) and John Barrasso (R-Wyo.) that supports state primacy over the regulation of hydraulic fracturing on state and private lands. The resolution further outlines that no moratorium should be imposed for hydraulic fracturing on federal or tribal lands, unless authorized by an Act of Congress. The full resolution can be found here.

“North Dakota produces nearly 1.5 million barrels of oil per day due to innovations like horizontal drilling and hydraulic fracturing, promoting greater energy security for our state and nation,” Hoeven said. “States have the greatest interest in maintaining the quality of their water, land and air, which is why we’ve worked to provide relief from onerous federal rules and advance a states-first regulatory approach. This resolution supports these efforts by stressing that the federal government should not attempt to override states’ authority to manage energy development within their borders or impose a unilateral ban on hydraulic fracturing.” 

The resolution aligns with Hoeven’s efforts to implement a states-first approach to regulating energy development, as well as supporting the development of innovative new technologies that will allow for more energy production with better environmental stewardship. To this end, Hoeven has:

  • Advanced measures like his BLM Mineral Spacing Act, which would waive the permit requirement when the federal government controls less than 50 percent of subsurface minerals and there is no federal surface land. 
    • The bill is also included in the ONSHORE Act, which he introduced with Senator Barrasso to empower states with the authority to manage oil and gas permitting on federal lands within their borders.
  • Worked to repeal the 2015 Waters of the U.S. (WOTUS) rule, removing the patchwork of regulations that have been in place due to litigation against the rule.
    • Hoeven previously worked as a member of the Senate Appropriations Committee to defund the rule in 2016 and 2017 and prevent its implementation.
    • Hoeven is urging the EPA to ensure the WOTUS replacement provides certainty to the nation’s energy and agriculture producers.
  • Helped uphold the Affordable Clean Energy (ACE) Rule, which replaced the costly one-size-fits-all emissions regulations for coal power plants issued by the previous Administration.
    • The senator cosponsored, and the Senate passed, two resolutions during the 114th Congress to repeal the EPA’s power plan rules. President Obama subsequently vetoed the resolutions.
  • Secured $20 million for the development of enhanced oil recovery technologies in the Senate’s Fiscal Year 2020 funding legislation.