Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Environmental Sciences

William & Mary Environmental Law and Policy Review

Hydraulic Fracturing

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Litigation Against Fracking Bans And Moratoriums In The United States: Exit, Voice And Loyalty, Christopher J. Hilson Jun 2016

Litigation Against Fracking Bans And Moratoriums In The United States: Exit, Voice And Loyalty, Christopher J. Hilson

William & Mary Environmental Law and Policy Review

A number of U.S. states, counties and municipalities have responded to the public health and environmental concerns surrounding fracking by imposing bans or moratoriums on unconventional oil and gas drilling. These restrictions have, in recent years, given rise to litigation challenges by oil and gas companies and by property owners deprived of potential revenues. The current Article begins by examining precisely who has litigated. Have large companies dominated or is it mostly smaller independents? Is there a difference in litigation rates between private and public companies? The Article then considers how Hirschman’s ideas of exit, voice and loyalty might apply …


Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson Dec 2014

Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson

William & Mary Environmental Law and Policy Review

Booming production of oil and gas from shale enabled by hydraulic fracturing technology has led to tension between hoped-for economic benefits and feared environmental and other costs, with great associated controversy. Studies of how policy can best react to these challenges and how it can balance risk and reward have focused on prescriptive regulatory responses and, to a somewhat lesser extent, voluntary industry best practices. While there is undoubtedly room for improved regulation, innovative tools are relatively understudied. The liability system predates environmental regulation yet still plays an important—and in some senses predominant—role. Changes to that system, including burden-shifting rules …


Creating A Legal Framework For Regulation Of Natural Gas Extraction From The Marcellus Shale Formation, Laura C. Reeder Apr 2010

Creating A Legal Framework For Regulation Of Natural Gas Extraction From The Marcellus Shale Formation, Laura C. Reeder

William & Mary Environmental Law and Policy Review

No abstract provided.