Vice President Mike Pence claimed during tonight's debate that the Biden campaign wants to “ban fracking.”
Facts First: This is misleading. Joe Biden is not running on a proposal to completely ban fracking (hydraulic fracturing, a drilling method used to extract natural gas or oil). However, there is at least some basis for Pence’s claim: During the Democratic primary, Biden sometimes suggested he was proposing to get rid of all fracking. He's also pledged to "establish an enforcement mechanism to achieve net-zero emissions no later than 2050," which would almost certainly require a significant reduction in fracking.
Biden's written plan never included a full ban on fracking; rather, it proposes "banning new oil and gas permitting on public lands and waters," not ending all new fracking anywhere or ending all existing fracking on public lands and waters. Biden has explicitly said he does not support a nationwide fracking ban (though in part because he doesn't believe such a ban would pass).
Biden created confusion about his stance with some of his comments during the Democratic primary. For example, he had this exchange with CNN's Dana Bash during a July 2019 debate:
Bash: "Thank you, Mr. Vice President. Just to clarify, would there be any place for fossil fuels, including coal and fracking, in a Biden administration?"
Biden: "No, we would — we would work it out. We would make sure it's eliminated and no more subsidies for either one of those, either — any fossil fuel."
Could a president even ban fracking alone? No.
Without an act of Congress, the president could not issue an outright ban on fracking across the US. There are, however, a number of regulatory and executive actions an administration could take to prevent or shrink the use of fracking technology, particularly on federal land. However, most fracking takes place on private land, and any attempts to limit it would likely face legal challenges.
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