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Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Ulan Galperin, Grace Heusner, Allison Sloto
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Ulan Galperin, Grace Heusner, Allison Sloto
Elisabeth Haub School of Law Faculty Publications
As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.
On this premise, this Article seeks to make the case for the importance of, and …
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Galperin, Grace Heusner, Allison Sloto
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Galperin, Grace Heusner, Allison Sloto
Articles
As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.
On this premise, this Article seeks to make the case for the importance of, and …