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- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (17)
- Best Practices for Community and Environmental Protection (October 14) (11)
- Workshop on Directional Drilling in the Rocky Mountain Region (November 13) (7)
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- Air Quality Impacts from Oil and Gas Development (January 27) (5)
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- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
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Articles 61 - 90 of 154
Full-Text Articles in Law
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.
This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Agenda: Natural Resource Industries And The Sustainability Challenge, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. The Colorado Law Energy Innovation Initiative
Agenda: Natural Resource Industries And The Sustainability Challenge, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. The Colorado Law Energy Innovation Initiative
Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)
"An International Conference hosted by The Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Colorado Law Energy Innovation Initiative."
For more than two decades, sustainability has gained currency as a broad organizing principle for efforts to develop and use energy, natural resources, and the environment in ways that allow society to meet its needs without compromising the ability of future generations to meet their needs. More recently, sustainability has been embraced by businesses across multiple sectors as part of a broader movement of corporate social responsibility. Hardly a day goes by without news of another corporate initiative …
Fracking Secrets: The Limitations Of Trade Secret Protection In Hydraulic Fracturing, John Craven
Fracking Secrets: The Limitations Of Trade Secret Protection In Hydraulic Fracturing, John Craven
Vanderbilt Journal of Entertainment & Technology Law
Hydraulic fracturing is a drilling technique used to increase resource production in which specially blended liquid mixtures are pumped into oil and gas wells under high pressure causing underground rock formations to crack and open up. Oil and gas companies have traditionally protected the composition of these proprietary liquids through state-level trade secret laws. Opponents of hydraulic fracturing have argued for federal regulation of the process and claimed that trade secret protection is simply a way for oil and gas companies to withhold the identity of the chemicals used. Oil and gas companies are at risk of losing the economic …
The Environmental, Social, And Economic Impacts Of Hydraulic Fracturing, Horizontal Drilling, And Acidization In California, Christina Whalen
The Environmental, Social, And Economic Impacts Of Hydraulic Fracturing, Horizontal Drilling, And Acidization In California, Christina Whalen
CMC Senior Theses
The oil extraction mechanisms of hydraulic fracturing, horizontal drilling, and acidization have recently spread throughout the state of California. This thesis explores and assesses whether federal and state legislation should approve of fracking operations in California after studying its effects on human health, the environment, and the economy. This thesis assesses the impacts of fracking; analyzes the role of current legislation and regulation; compares California fracking to fracking in other states and countries; and provides recommendations for future action.
Earth, Air, Water, Oil: Regulating Fracking In The Monterey Shale With Health And Environment In Mind, Gideon J. Salzman-Gubbay
Earth, Air, Water, Oil: Regulating Fracking In The Monterey Shale With Health And Environment In Mind, Gideon J. Salzman-Gubbay
Pomona Senior Theses
“Earth, Air, Water, Oil: Regulating Fracking in the Monterey Shale with Health and Environment in Mind,” explores how hydraulic fracturing regulation in California’s oil-rich Monterey Shale will impact regional public health, including groundwater and air quality. This is achieved through a combination of case study and policy analysis on both the state and national level.
Fracking As A Federalism Case Study, Amanda C. Leiter
Fracking As A Federalism Case Study, Amanda C. Leiter
University of Colorado Law Review
No abstract provided.
Land Use Law Update: The Court Of Appeals Issues A Victory For Home Rule In Wallach V. Town Of Dryden And Cooperstown Holstein Corp. V. Town Of Middlefield, Sarah Adams-Schoen
Land Use Law Update: The Court Of Appeals Issues A Victory For Home Rule In Wallach V. Town Of Dryden And Cooperstown Holstein Corp. V. Town Of Middlefield, Sarah Adams-Schoen
Scholarly Works
In the midst of the often heated controversy swirling around the issue of hydraulic fracturing (commonly referred to as “hydrofracking” and “fracking”), New York’s Court of Appeals recently issued a straightforward ruling, which focused on long-established precedent concerning the right of municipalities to regulate mining land uses, rather than focusing on the contentious economic or environmental issues surrounding the fracking debate. This article discusses that ruling.
The Next Great Compromise: A Comprehensive Response To Opposition Against Shale Gas Development Using Hydraulic Fracturing In The United States, Monika Ehrman
Monika U. Ehrman
Lights Out In The Bakken: An Analysis Of Flaring Regulation And Its Potential Effect On North Dakota Shale Oil Production
Monika U. Ehrman
Shale Gas: Evolving Global Issues For The Environment, Regulation, And Energy Security, Jeffery R. Ray
Shale Gas: Evolving Global Issues For The Environment, Regulation, And Energy Security, Jeffery R. Ray
LSU Journal of Energy Law and Resources
No abstract provided.
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section
Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)
This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.
Program topics include:
- Oil and Gas Leases
- Surface Use Agreements (SUAs)
- Government’s Role in Authorizing Locations for Oil and Gas Development
- Technical Aspects of Nontributary and Produced Nontributary Ground Water
- Produced Nontributary Ground …
Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section
Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section
Water, Oil and Gas: Recycling and Reuse of Water (June 11)
Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.
Co-sponsored by: Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School, Rocky Mountain Land Use Institute, Sturm College of Law, University of Denver, Natural Resources & Energy Section of the Colorado Bar Association.
This program is the second in a 3-part series focusing on critical water, oil and gas issues in Colorado. This second program focuses on the technology behind the recycling of produced water and hydraulic back fracturing flowback fluid and the issue of mandatory recycling. It also addresses the legal implications …
The Frac-As Over Property Taxation Of Louisiana Oil And Gas Wells, Andrew M. Heacock
The Frac-As Over Property Taxation Of Louisiana Oil And Gas Wells, Andrew M. Heacock
LSU Journal of Energy Law and Resources
No abstract provided.
Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp
Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp
Water, Oil and Gas 101 (April 10)
Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.
This full-day program, cosponsored by the Rocky Mountain Land Use Institute (Sturm College of Law, University of Denver), the Colorado Bar Association CLE, and White & Jankowski, LLP, was the first of a 3-part series focusing on water, oil and gas issues of critical interest in Colorado.
The first program provided an overview of the pertinent law and issues generated when the water, oil and gas industries interact; and addressed water quality concerns and the purchasing of water from municipalities for hydraulic fracturing and drilling. Program #2 is …
The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis
The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis
Pitzer Senior Theses
This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …
Agenda: What The Frack? How Your Investments Can Impact The Fracking Industry, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Sustainable Impact Investment Advisors
Agenda: What The Frack? How Your Investments Can Impact The Fracking Industry, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Sustainable Impact Investment Advisors
What the Frack? How Your Investments Can Impact the Fracking Industry (March 13)
Sustainable Impact Investment Advisors, a professional association of investment advisors whose practices focus on sustainable and socially responsible investing, sponsored a panel conversation on hydraulic fracking. A panel of experts, including industry representatives and grass roots opponents, discussed the pros and cons of fracking. The panel provided an overview of fracking, and food for thought about whether you choose to include this industry in your investments, or influence companies to use this technology with only the utmost care.
The Emergence Of Natural Gas And The Need For Cooperative Federalism To Address A Big "Fracking" Problem., Joshua P. Dennis
The Emergence Of Natural Gas And The Need For Cooperative Federalism To Address A Big "Fracking" Problem., Joshua P. Dennis
San Diego Journal of Climate & Energy Law
This Comment explores the recent emergence of natural gas production, the hydraulic fracturing process and briefly touches on the current regulatory system that oversees its operation. I then explain why the current regulatory system is insufficient to protect individuals and the environment from hydraulic fracturing. And lastly, I argue that a form of cooperative federalism is the best approach to regulate hydraulic fracturing.
Fracking Patents: The Emergence Of Patents As Information-Containment Tools In Shale Drilling, Daniel R. Cahoy, Joel Gehman, Zhen Lei
Fracking Patents: The Emergence Of Patents As Information-Containment Tools In Shale Drilling, Daniel R. Cahoy, Joel Gehman, Zhen Lei
Michigan Telecommunications & Technology Law Review
The advantages of new sources of energy must be weighed against environmental, health, and safety concerns related to new production technology. The rapid development of unconventional oil and gas fields, such as the Barnett and Marcellus Shales, provide an excellent context for these contrasting goals. Information about extraction hazards is an extremely important issue. In general, patents are viewed as a positive force in this regard, providing a vehicle for disseminating information in exchange for a limited property right over an invention. However, by limiting the evaluation of an invention by third parties, patents might also be used to control …
Responsible Shale Gas Productions: Moral Outrage Vs. Cool Analysis, David B. Spence
Responsible Shale Gas Productions: Moral Outrage Vs. Cool Analysis, David B. Spence
Fordham Environmental Law Review
The relatively sudden boom in shale gas production in the United States using hydraulic fracturing has provoked increasingly intense political conflict. The debate over fracking and shale gas production has become polarized very quickly, in part because of the size of the economic and environmental stakes. This polarized debate fits a familiar template in American environmental law, pitting “cool analysis” against “moral outrage.” Opponents of fracking have generally framed their arguments in moral or ethical terms, while systematic research is beginning to build a more careful and nuanced understanding of the risks associated with shale gas production (though the record …
Hydraulic Fracturing And Water Management In The Great Lakes, Nicholas Schroeck, Stephanie Karisny
Hydraulic Fracturing And Water Management In The Great Lakes, Nicholas Schroeck, Stephanie Karisny
Law Faculty Research Publications
No abstract provided.
Ohio Oil And Gas Litigation In The New Fracking Era, Blake A. Watson Prof.
Ohio Oil And Gas Litigation In The New Fracking Era, Blake A. Watson Prof.
Blake A Watson Prof.
Horizontal fracking has substantially changed oil and gas drilling in eastern Ohio. Part I of this article summarizes recent decisions concerning the state’s regulation of oil and gas drilling and production. Part II looks at prior and pending cases raising tort issues such as trespass, negligence, nuisance, and strict liability. Part III describes a variety of actions seeking to invalidate, terminate, interpret, and enforce leases.
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
St. Mary's Law Journal
Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …
Oil, Gas, And Mineral Titles: Resolving Perennial Problems In The Shale Era, Laura H. Burney
Oil, Gas, And Mineral Titles: Resolving Perennial Problems In The Shale Era, Laura H. Burney
Faculty Articles
Mineral deeds present a list of perennial interpretative problems, which create uncertainty about ownership rights in mineral estates and the proceeds from the sale of oil and gas production. Consequently, the following issues arise: (1) deeds with conflicting fractions; (2) the “mineral or royalty” question; (3) the application of the common law “rule against perpetuities” to non-participating royalties, a common interest in the oil patch; (4) the meaning of “minerals”—does it include oil and gas?; (5) the executive’s duty to lease; and (6) deed interpretation versus “reformation.”
States with long histories of production and case law have grappled with several …
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
Faculty Articles
Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle. Large quantities of water are required to generate energy, and energy is required at all stages of the water supply process. Population growth and corresponding demand create significant community consequences including energy blackouts and water shortages. In order to help avoid these unintended consequences, appropriate planning must be done on the local, state, and federal level.
A critical first step in achieving better sustainability is understanding the quantifying relationship between energy and water. This relationship needs to be recognized by both the power and …
Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia
Hydraulic Fracturing: Sources Of Law And Information, Barbara H. Garavaglia
Articles
Hydraulic fracturing—also known as fracking—has become increasingly controversial in the United States over the past several years, especially in states such as Michigan with large shale gas deposits that were previously unextractable. In 2012, a Michigan fracking ban initiative failed to make it onto the November statewide ballot, but citizens groups are presently collecting signatures in an attempt to get the initiative onto the November 2014 ballot as an “initiated state statute.” And, more recently, state auctions of drilling permits have been the scenes of citizen protests driven by concerns about the potential environmental impacts of hydraulic fracturing.
Fracking And Federalism Choice, Michael Burger
Fracking And Federalism Choice, Michael Burger
Sabin Center for Climate Change Law
In response to David B. Spence's "Federalism, Regulatory Lags, and the Political Economy of Energy Production," I offer a set of constructive challenges to his article. In Part I, I argue that fracking’s federalism-choice question has already been answered, and that but for the outdated and underjustified exemptions mentioned above, fracking is already under the jurisdiction of federal regulators. In Part II, I conduct an alternative federalism-choice analysis that adds to Professor Spence’s analysis in three ways. First, I balance his analysis by examining rationales commonly used to justify decentralization, rather than federalization, of environmental law. Second, I argue that …
Risk And Response In Fracturing Policy, Hannah J. Wiseman
Risk And Response In Fracturing Policy, Hannah J. Wiseman
University of Colorado Law Review
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens' groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection-just one stage of …
Four Questions About Fracking, Thomas W. Merrill
Four Questions About Fracking, Thomas W. Merrill
Faculty Scholarship
It is difficult to think of a more timely or important topic than horizontal hydraulic fracturing and its impact on the environment. It is especially useful to have an exchange of views on this subject now, before the statutes, regulations, and court decisions start to roll in. Law professors – I cannot speak for anyone else – have a strong proclivity for backward-looking analysis, dissecting what should have been done after the basic direction of the law is set and the courts have spoken. It is much more useful to weigh the pros and cons of different approaches at an …
The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti
The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti
Elisabeth Haub School of Law Student Publications
This article explores the question of whether natural gas can still be considered a clean fuel by probing the relationship of water law and hydraulic fracturing in New York State. The paper begins by explaining the geology of tight shales, the engineering techniques needed to extract gas from solid rock, and the density and location of drilling that would be allowed under New York State law. Relying on information provided by the New York State Department of Environmental Conservation, scientific studies, and press accounts of the unprecedented citizen advocacy on this matter, it goes on to show the sharp distinction …