Law Commons^™

Fracturing Misconceptions: A History Of Effective State Regulation, Groundwater Protection, And The Ill-Conceived Frac Act, Wes Deweese

Oklahoma Journal of Law and Technology

No abstract provided.

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 Death Of Opec? The Displacement Of Saudi Arabia As The World's Swing Producer And The Futility Of An Output Freeze, Christopher Hanewald

Indiana Journal of Global Legal Studies

On November 27, 2014, the Organization of Petroleum Exporting Countries met in Vienna and adopted a bold stance against increasing supply from beyond the reach of the cartel. Rather than reduce their own production, the cartel decided to allow market forces to dictate the price of a barrel of oil. By doing this, Saudi Arabia-the de-facto leader of the cartel-made a bet that the burgeoning shale gas industry within the United States would be unable to cope with a sharp fall in the price of oil. Over the course of the following two years, the U.S. energy sector-aided by further …

Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane

Articles

No abstract provided.

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.

Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gajda, Thomas Perin, Carla Fredericks

Publications

In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation (“MHA Nation” or “Three Affiliated Tribes” or “the Tribe”). However, rapid oil and gas development has brought an unprecedented rise of violent crime on and near the Fort Berthold reservation. Specifically, the influx of well-paid male oil and gas workers, living in temporary housing often referred to as “man camps,” has coincided with a disturbing increase in sex trafficking of Native women. The social risks …

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 …

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 …

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika Ehrman

Monika U. Ehrman