Law Commons^™

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.

Reflection On Shale Gas Fracking Risk Assessment And Management In The United States, Yosra Abid

Washington Journal of Environmental Law & Policy

Hydraulic fracturing, or fracking, is the current technology of choice for developing most shale gas reserves. This technology allows increased production of natural gas from formerly inaccessible shale formations. One of the primary environmental impacts of concern for fracking is its potential to contaminate water.

This paper focuses on the potential risks affecting the drinking-water resources throughout the complete lifecycle of a drilled and fractured well. Given the significant environmental concerns, fracking risk assessment (what we know about the risk), and fracking risk management (what we wish to do about the risk) appear to be indispensable steps for the enactment …

Abandoned But Not Forgotten: Improperly Plugged And Orphaned Wells May Pose Serious Concerns For Shale Development, Bret Wells, Tracy Hester

Michigan Journal of Environmental & Administrative Law

This Article addresses the intersection of oil and gas law and environmental law on a topic that has profound significance for the nation’s oil industry and for the environment. In this regard, the Permian Basin is experiencing a renaissance that has fundamentally impacted oil production in the United States. Horizontal drilling and hydraulic fracturing now allow the industry to produce in the Permian Basin’s unconventional shale formations in ways that were unimaginable a decade ago. But, the hot shale plays within the Permian Basin exist above conventional fields that are littered with a century’s worth of abandoned wells. Fracturing new …

Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks

St. Mary's Law Journal

Abstract forthcoming

Wyoming V. Zinke, Jaclyn Van Natta

Public Land & Resources Law Review

In Wyoming v. Zinke, the Bureau of Land Management attempted to update a regulation governing hydraulic fracturing from the 1980s, but oil and gas industry companies opposed, and brought suit. The district court held in favor of the industry petitioners, and the Bureau of Land Management and citizen group intervenors appealed. In the wake of appeal, Donald J. Trump became President of the United States. The administration change caused the Bureau of Land Management to alter its position and align with the new administration. Secretary of the Interior, Ryan Zinke, via executive order, began rescinding the new fracking regulation, …

What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan

Pace Environmental Law Review

This analysis is accompanied by a study of a 2015 ruling of the Supreme Court of Oklahoma, Ladra v. New Dominion, LLC. The case considered the possibility of a private tort action by homeowners against the operators of injection wells proceeding within the state’s judicial system, rather than simply being subject to review by a state regulatory agency. The court ultimately decided that the case would be allowed to continue within the judicial system instead of in front of a regulatory agency. This case, while not providing a “silver bullet” precedent with which future claimants can automatically win their cases …

The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran

American Indian Law Review

No abstract provided.

Wyoming V. United States Department Of Interior, Keatan J. Williams

Public Land & Resources Law Review

In a scathing opinion, the United States District Court for the District of Wyoming granted a motion for preliminary injunction, effectively blocking the BLM’s new Fracking Rule from being implemented on federal and tribal lands in the United States. The court held not only was the BLM’s new rule likely arbitrary and capricious, but the department lacked the authority to regulate fracking. The opinion relied on the Safe Drinking Water Act and the Energy Policy Act to determine that Congress explicitly removed fracking from federal regulation. Pending an appeal, the new Fracking Rule will not be implemented.

The Future Of Fracking In England: A Comparative Legal Analysis, Brian Easley

Georgia Journal of International & Comparative Law

No abstract provided.

Local Regulation Of Hyraulic Fracturing, Jesse J. Richardson Jr.

West Virginia Law Review

No abstract provided.

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Michigan Law Review First Impressions

The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether …

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 …

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 …

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 …

Regulatory Adaptation In Fractured Appalachia, Hannah Wiseman

Villanova Environmental Law Journal

No abstract provided.

Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik

West Virginia Law Review

No abstract provided.