Law Commons^™

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

Joel M Pratt

Because fracking regulators and industry need both legal clarity and the ability to react to new information, courts should apply principles of administrative deference to resolve conflicts between state and local fracking regulations.Under these principles, courts weigh expert agency decision making more heavily when the agency has acted reasonably. When faced with a conflict between state and local fracking laws, courts should adopt administrative principles and privilege expert agency regulations rather than engage in an independent judicial inquiry. Part I provides background on fracking and argues that states are in the best position to regulate the practice. Part II then …

Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee

Joshua P Fershee

Hydraulic fracturing for oil and natural gas is perhaps the most polarizing energy issue in the United States and around the world, and Pennsylvania has emerged as an example of passionate views both for and against hydraulic fracturing for shale gas. To limit local government restrictions on gas drilling, the Pennsylvania legislature passed Act 13 in September 2012, and the Act largely eliminated the ability of local governments to restrict oil and gas operations through zoning. The Pennsylvania Supreme Court overturned Act 13 in December 2013.

This Article reviews how Act 13 came to be, highlights the key provisions of …

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

Zoning In The Marcellus Shale Formation, Benjamin L. Knauff

Benjamin L Knauff

The growing practices of horizontal drilling and hydraulic fracturing have unlocked previously unrealized potential in natural gas-rich shale formations deep underground across the U.S. This growth stands in contrast to lagging regulation of the energy sector. This article explores the potential environmental and health risks of natural gas extraction in shale formations, and the need for legislative changes in Pennsylvania, where activity is rapidly gaining momentum.

I Drink Your Milkshake: The Status Of Hydraulic Fracture Stimulation In The Wake Of Coastal V. Garza, Caleb A. Fielder

Caleb A Fielder

The State of Texas is the single largest domestic producer of natural gas in the United States. Most of the natural gas reserves in the state, and indeed in the nation as a whole, are commercially unproductive without the use of hydraulic fracture stimulation. This method, whereby voluminous amounts of fluid are pumped into a wellbore at enormous pressures to create cracks or fractures in the reservoir rock containing the oil or gas, can substantially increase the level of oil and gas production, not just for the individual well but for the entire field.

The Texas Supreme Court recently ruled, …