Legislative History of Hydraulic Fracturing in the US
This paper examines the legislative history of hydraulic fracturing (fracking) in the United States, tracing the political and regulatory context that has shaped policy development over the past two decades. Beginning with a definition of legislative history and its role in statutory interpretation, the paper explores how fracking's exemption from the Safe Drinking Water Act created a regulatory gap that spurred federal action. It analyzes key legislative events, including the introduction of the Fracturing Responsibility and Awareness of Chemicals Act in multiple congressional sessions, the committee review process, and the floor debates in both chambers of Congress. The paper also addresses the persistent difficulties in enacting federal fracking regulations given states' jurisdictional authority over drilling activities.
- Introduction to Legislative History and Fracking: Defines legislative history and introduces fracking as subject
- Historical and Political Context of Fracking in the US: Traces fracking's rise and Safe Drinking Water Act exemption
- Laws and the Development of Fracking Policy: Federal regulatory gap and Interior Department rule drafting
- Congressional Bills, Committee Reports, and Floor Debates: FRAC Act introduction, committee process, and floor debates
- Challenges in Enacting Federal Fracking Regulations: Repeated failure of FRAC Act and state jurisdiction barriers
- Conclusion: Synthesizes legislative obstacles to federal fracking regulation
✍️ How to write this paper — guide, tools & examples ▾
What makes this paper effective
- Clearly situates the topic within a defined framework — legislative history — before applying that framework to a specific policy case, giving the analysis coherent structure.
- Traces the policy timeline chronologically, showing how repeated failed congressional attempts connect to the broader regulatory gap created by the Safe Drinking Water Act exemption.
- Draws on a varied source base including legal analysis (Marten Law), government tracking tools (GovTrack), academic commentary (Spence), and journalism (Davenport), demonstrating source triangulation.
Key academic technique demonstrated
The paper uses a policy analysis framework to connect procedural legislative steps — bill introduction, committee referral, floor debate, and enactment failure — to a substantive regulatory outcome. This technique shows how institutional processes shape (and sometimes block) policy change, which is a core skill in public administration and policy writing courses.
Structure breakdown
The paper opens with a definition of legislative history, then establishes the political context (the Safe Drinking Water Act exemption and energy independence goals). The body traces specific legislative events, including the FRAC Act's introduction, committee handling, and repeated reintroduction. The conclusion synthesizes the main obstacles to federal fracking regulation. A Works Cited list in MLA format closes the paper.
Introduction to Legislative History and Fracking
Legislative history is a term used to refer to the background or events that contribute to the enactment of a statute (Taylor, p. 1). This process includes various activities and events such as committee reports, hearings, and floor debates. Apart from referring to events leading to the enactment of a law, legislative history is usually documented so that it can be utilized in the future to help in the interpretation of that law. Generally, legislative history provides a suitable foundation for understanding what was involved in the formulation and enactment of a statute.
An example of an issue with a strong legislative history in the United States is hydraulic fracturing, commonly known as fracking. This paper examines the legislative history of fracking in the United States as part of policy writing and analysis. The evaluation includes a brief description of the historical and political context of the issue and an analysis of laws with respect to the development of the policy issue.
Works Cited
Davenport, Coral. "New Federal Rules Are Set for Fracking." The New York Times. The New York Times, 20 Mar. 2015. Web. 08 Nov. 2017.
GovTrack. "Fracturing Responsibility and Awareness of Chemicals Act of 2013 (2013 – H.R. 1921)." GovTrack.us. Civic Impulse, LLC, n.d. Web. 08 Nov. 2017.
GovTrack. "H.R. 1084 (112th): Fracturing Responsibility and Awareness of Chemicals Act of 2011." GovTrack.us. Civic Impulse, LLC, n.d. Web. 08 Nov. 2017.
Kramer, Bruce M. "History and Current Status of Federal Fracing Regulation." American Bar Association. American Bar Association, 3 June 2013. Web. 08 Nov. 2017.
Manfreda, John. "The Real History of Fracking." OilPrice.com. OilPrice.com, 13 Apr. 2015. Web. 08 Nov. 2017.
Marten Law. "Hydraulic Fracturing: Legislative and Regulatory Trends." Marten Law. Marten Law PLLC, 4 Oct. 2011. Web. 08 Nov. 2017.
Spence, David. "Fracking Regulations: Is Federal Hydraulic Fracturing Regulation Around the Corner?" McCombs School of Business. The University of Texas at Austin, n.d. Web. 8 Nov. 2017.
Taylor, Julia. "Legislative History Research: A Guide to Resources for Congressional Staff." Federation of American Scientists. Congressional Research Service, 16 Aug. 2013. Web. 8 Nov. 2017.
Create your account
Always verify citation format against your institution’s current style guide requirements.