Jump to Navigation
Jump to Content

Hydraulic Fracturing

The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination: A Regulatory Strategy

This Article considers how to regulate the risk of water contamination from fracturing. The task entails a careful balance of competing considerations. The shale boom offers enormous benefits and should be encouraged. At the same time,...

The Critical Role of Voluntary Standards and Certification in the Hydraulic Fracturing Framework

The shifting economic, regulatory, political, and operational landscape of shale gas development requires regulatory approaches that are timely, flexible, and adaptive. Voluntary standards, particularly those that incorporate diverse...

Comment on The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination

In their article The Shale Oil and Gas Revolution, Hydraulic Fracturing, and Water Contamination, Professor Merrill and Dean Schizer have made a very thoughtful proposal that has genuine merit and deserves equally thoughtful...

A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing

In the industrial revolution of the nineteenth century, the United States was transformed from a largely agrarian nation of farmers to a major center of manufacturing. With industrialization came new risks to public welfare and,...

Options for Regulating the Environmental Impacts of Hydraulic Fracturing

The ELI-Vanderbilt Law School Environmental Law and Policy Annual Review identifies outstanding academic work in the field of environmental law. The reviewers selected two excellent articles on the challenges of hydraulic fracturing (...

Bond What You Know and Insure What You Don’t: A Comment on A Market Approach to Regulating the Energy Revolution

It is a privilege to comment on the extensive and thoughtprovoking work of Professors Dana and Wiseman. I approach this from the perspective of my practice in the environmental regulation of natural resources industries, including coal...

Reflections on A Market Approach to Regulating the Energy Revolution

As a practitioner who has represented low-income individuals and community groups pro bono on environmental and energy development issues for over three decades, I appreciate the contribution of Professors Dana and Wiseman to the...

Ladra v. New Dominion, LLC

The Supreme Court of Oklahoma held that a woman injured in a 2011 earthquake may go forward with her suit against two energy companies for allegedly causing the quake due to hydraulic fracturing operations. A lower court dismissed the...

Haw River Assembly v. Rao

A North Carolina court issued a preliminary injunction barring the state Mining and Energy Commission from accepting or processing any hydraulic fracturing applications until the state Supreme Court issues its opinion in a similar case...

Settlement Confidentiality: A “Fracking” Disaster for Public Health and Safety.

Confidentiality clauses in settlement agreements have become so commonplace that they seem like benign contractual terms. In reality, however, confidentiality clauses have formidable power to silence even the most outspoken plaintiffs,...