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Full-Text Articles in Law
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall
Buffalo Environmental Law Journal
For more than 20 years after the 1974 enactment of the Safe Drinking Water Act ("SD WA ), the US. Environmental Protection Agency interpreted the SDWA as not applying to hydraulic fracturing. The United States Eleventh Circuit ruled in 1997 that the SDWTA applied to fracturing, but the EPA chose not to consent to that interpretation outside the Eleventh Circuit. Further the EPA continued to take the position that its existing SDWTA regulations did not apply to hydraulic fracturing, and it never promulgated new regulations to cover fracturing. In 2005, the Congress passed legislation that generally is read as applying …
Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz
Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz
Buffalo Environmental Law Journal
The Marcellus Shale natural gas play is largely considered a "game changer" for the US. energy sector as recent technological breakthroughs in drilling techniques and technologies have made natural gas extraction from this massive play commercially viable. This note not only examines the primary driving forces behind the development of this pla, but also how the extent and pace iwith ihich it is developed will affect doinstream energy markets. In particular three categories of factors are evaluated: legal challenges, regulatory controls, and infrastructure development. Tiwo models of growth and their effect on downstream markets are then proposed and analyzed.
Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto
Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto
Buffalo Environmental Law Journal
The origins of the public trust doctrine ma} be traced back to Roman laiw. The Institutes qf Justinian state: "By the lav of nature these things are common to all mankind - the air running water the sea, and consequently the shores of the sea. " The traditional scope of the public trust doctrine in the United States affirms the public right to use waters for navigation, fishing, and commerce. The precise expression of the doctrine varies from state to state because each state is responsible for applying the public trust doctrine within its borders. New York applies the doctrine …
Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel
Buffalo Environmental Law Journal
This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …
The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho
The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho
Buffalo Environmental Law Journal
Hydraulic fracturing has driven a boom in natural gas production in the Marcellus Shale. While providing a growing source of domestic energy, this boom also raises signicant environmental concerns. Many of the impacts of hy draulic fracturing predominantly affect the inhabitants of the property where the drilling occurs. Yet when those inhabitants own only the surface estate, they have relatively little influence over whether and how the drilling occurs and will not profit from the gas extraction. This article provides a jurisdictional case stud4 set in West Virginia to assist in understanding the nuances relevant to an interpretation of the …
Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg
Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg
Buffalo Environmental Law Journal
Hydrocarbons can be produced more efficiently ihen neighboring landowners work in cooperation, rather than in competition. Yet market failures often make it difficult for landovners and the well operators iwith whi om they contract to reach agreements for the cooperative development of hy drocarbon reservoirs. Therefore, some states have enacted forced pooling provisions, vhich allow states to compel cooperative development under certain criteria. While forced pooling is generally acceptable for traditional oil and gas resources, state legislatures and regulators should reassess their forced pooling provisions as they are applied to shale gas resources. Based on the unique characteristics of shale …
The Rise Of Hydraulic Fracturing: A Behavioral Analysis Of Landowner Decision-Making, Jared B. Fish
The Rise Of Hydraulic Fracturing: A Behavioral Analysis Of Landowner Decision-Making, Jared B. Fish
Buffalo Environmental Law Journal
High volume "slickivater" horizontal hydraulic fracturing ("hydrofracking" or 'fracking") is an innovative technology nov widely used to extract natural gas from shale rock. Proponents hail fracking as a way to promote energy independence, bring jobs to economically distressed communities, and mitigate climate change by switching from oil and coal to natural gas. Yet the process has come under increased public scrutiny in recent years as thousands qf reports surfaced linking hydrofracking to groundwater contamination, air pollution, and various maladies. Despite an explosion qf media reports on the potential risks associated with fracking, landowners continue to lease their mineral rights to …
Food Sovereignty Is A Gendered Issue, Maggie Ellinger-Locke
Food Sovereignty Is A Gendered Issue, Maggie Ellinger-Locke
Buffalo Environmental Law Journal
No abstract provided.
Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey
Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey
Buffalo Environmental Law Journal
No abstract provided.
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
Buffalo Environmental Law Journal
No abstract provided.
A Warning Signal That Justifies Precautionary Chemical Regulation: Exploitation Of The Availability Heuristic By Economically Motivated Actors, Nathan Ostrander
A Warning Signal That Justifies Precautionary Chemical Regulation: Exploitation Of The Availability Heuristic By Economically Motivated Actors, Nathan Ostrander
Buffalo Environmental Law Journal
No abstract provided.