Empower States Act of 2013
Key claim: The bill would stop Interior from adding extra oil-and-gas rules on federal land in states that already meet federal law unless there is an imminent danger, and would require agencies to consult states and tribes and justify any new drilling or fracking rules before issuing them.
Abstract
(S1482 · 113th Congress) Empower States Act of 2013 - Amends the Mineral Leasing Act to prohibit the Secretary of the Interior from issuing or promulgating any guideline or regulation relating to oil or gas exploration or production on federal land in a state if the state has otherwise met the requirements under applicable federal law, unless the Secretary determines that as a result of the exploration or production there is an imminent and substantial danger to the public health or the environment. Amends the Safe Drinking Water Act to require the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction. Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations. Latest action (2013-08-01): Read twice and referred to the Committee on Energy and Natural Resources.
Why this matters
The Empower States Act of 2013 is an early example of a recurring legislative pattern that would shift federal oil-and-gas regulatory authority on public lands toward state programs, restricting Interior/BLM’s ability to add rules — including on hydraulic fracturing and chemical disclosure — where states already meet federal law. Though never enacted, it establishes context for later bills (FRESH Act, state-consultation leasing bills) proposing similar procedural brakes on federal drilling and fracking rulemaking. The practical stakes are the pace, uniformity, and stringency of environmental and safety standards on federal oil-and-gas operations.