Defining And Closing The Hydraulic Fracturing Governance Gap
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| Author | : Grace Heusner |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
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 authority for, local leadership of fracking governance. We present an overview of the federal and state laws that address fracking and describe the traditional scope of local land use authority. We next present a list of the most salient local impacts of hydraulic fracturing, including a description of the methods we employed to catalogue these local impacts. Finally, this Article concludes with a series of case studies that demonstrate different local governance mechanisms. Because of significant gaps in the state and federal regulatory apparatus, opportunity exists for local governments to craft regulatory and non-regulatory structures that meet their communities' needs. We believe that with more comprehensive information about the impacts of fracking, as well as regulatory and non-regulatory tools that local governments can employ, municipalities will be better able to enact policies that withstand legal scrutiny and reflect local interests.
| Author | : James A. Henderson |
| Publisher | : Aspen Publishing |
| Total Pages | : 1540 |
| Release | : 2022-01-31 |
| Genre | : Law |
| ISBN | : 1543838960 |
Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.
| Author | : Nicholas P. Cheremisinoff |
| Publisher | : John Wiley & Sons |
| Total Pages | : 792 |
| Release | : 2015-01-28 |
| Genre | : Science |
| ISBN | : 1119099994 |
Hydraulic fracturing, commonly referred to as “fracking,” is a technique used by the oil and gas industry to mine hydrocarbons trapped deep beneath the Earth’s surface. The principles underlying the technology are not new. Fracking was first applied at the commercial level in the United States as early as 1947, and over the decades it has been applied in various countries including Canada, the UK, and Russia. The author worked with engineering teams as early as the mid-1970s in evaluating ways to improve oil recovery from this practice. By and large fracking was not an economically competitive process and had limited applications until the early 2000s. Several factors altered the importance of this technology, among them being significant technological innovations in drilling practices with impressive high tech tools for exploration, well construction and integrity, and recovery along with discoveries of massive natural gas reserves in the United States and other parts of the world. These factors have catapulted the application of the technology to what is best described as the gold rush of the 21st century, with exploration and natural gas plays proceeding at a pace that seemingly is unrivaled by any historical industrial endeavor. But this level of activity has invoked widespread criticism from concerned citizens and environmental groups in almost every nation across the Globe. This outstanding new volume offers the industry a handbook of environmental management practices that can mitigate risks to the environment and, through best practices and current technologies, to conform to the current standards and regulations that are in place to provide the world with the energy it needs while avoiding environmental damage. For the new hire, veteran engineer, and student alike, this is a one-of-a-kind volume, a must-have for anyone working in hydraulic fracturing.
| Author | : United States. Congress. House. Committee on Oversight and Government Reform |
| Publisher | : |
| Total Pages | : 80 |
| Release | : 2011 |
| Genre | : Technology & Engineering |
| ISBN | : |
| Author | : Sabina E. Deitrick |
| Publisher | : Cornell University Press |
| Total Pages | : 317 |
| Release | : 2022-01-15 |
| Genre | : Technology & Engineering |
| ISBN | : 1501761005 |
When Fracking Comes to Town traces the response of local communities to the shale gas revolution. Rather than cast communities as powerless to respond to oil and gas companies and their landmen, it shows that communities have adapted their local rules and regulations to meet the novel challenges accompanying unconventional gas extraction through fracking. The multidisciplinary perspectives of this volume's essays tie together insights from planners, legal scholars, political scientists, and economists. What emerges is a more nuanced perspective of shale gas development and its impacts on municipalities and residents. Unlike many political debates that cast fracking in black-and-white terms, this book's contributors embrace the complexity of local responses to fracking. States adapted legal institutions to meet the new challenges posed by this energy extraction process while under-resourced municipal officials and local planning offices found creative ways to alleviate pressure on local infrastructure and reduce harmful effects of fracking on the environment. The essays in When Fracking Comes to Town tell a story of community resilience with the rise and decline of shale gas production. Contributors: Ennio Piano, Ann M. Eisenberg, Pamela A. Mischen, Joseph T. Palka, Jr., Adelyn Hall, Carla Chifos, Teresa Córdova, Rebecca Matsco, Anna C. Osland, Carolyn G. Loh, Gavin Roberts, Sandeep Kumar Rangaraju, Frederick Tannery, Larry McCarthy, Erik R. Pages, Mark C. White, Martin Romitti, Nicholas G. McClure, Ion Simonides, Jeremy G. Weber, Max Harleman, Heidi Gorovitz Robertson
| Author | : Venki Uddameri |
| Publisher | : CRC Press |
| Total Pages | : 310 |
| Release | : 2015-06-22 |
| Genre | : Science |
| ISBN | : 1498721214 |
Hydraulic Fracturing Impacts and Technologies: A Multidisciplinary Perspective serves as an introduction to hydraulic fracturing and provides balanced coverage of its benefits and potential negative effects. Presenting a holistic assessment of hydraulic fracturing and its environmental impacts, this book chronicles the history and development of un
| Author | : James A. Jacobs |
| Publisher | : John Wiley & Sons |
| Total Pages | : 576 |
| Release | : 2019-04-23 |
| Genre | : Technology & Engineering |
| ISBN | : 1119336090 |
A guide to environmental and communication issues related to fracking and the best approach to protect communities Environmental Considerations Associated with Hydraulic Fracturing Operations offers a much-needed resource that explores the complex challenges of fracking by providing an understanding of the environmental and communication issues that are inherent with hydraulic fracturing. The book balances the current scientific knowledge with the uncertainty and risks associated with hydraulic fracking. In addition, the authors offer targeted approaches for helping to keep communities safe. The authors include an overview of the historical development of hydraulic fracturing and the technology currently employed. The book also explores the risk, prevention, and mitigation factors that are associated with fracturing. The authors also include legal cases, regulatory issues, and data on the cost of recovery. The volume presents audit checklists for gathering critical information and documentation to support the reliability of the current environmental conditions related to fracking operations and the impact fracking can have on a community. This vital resource: Contains the technical information and mitigation recommendations for safety and environmental issues related to hydraulic fracturing Offers an historical overview of conventional and unconventional oil and gas drilling Explains the geologic and technical issues associated with fracking of tight sand and shale formulations Presents numerous case studies from the United States EPA and other agencies Discusses issues of co-produced waste water and induced seismicity from the injection of wastewater Written for environmental scientists, geologists, engineers, regulators, city planners, attorneys, foresters, wildlife biologists, and others, Environmental Considerations Associated with Hydraulic Fracturing Operations offers a comprehensive resource to the complex environmental and communication issues related to fracking.
| Author | : United States. Congress. House. Committee on Science, Space, and Technology (2011) |
| Publisher | : |
| Total Pages | : 160 |
| Release | : 2011 |
| Genre | : Business & Economics |
| ISBN | : |
| Author | : Jonathan M. Fisk |
| Publisher | : Routledge |
| Total Pages | : 257 |
| Release | : 2017-08-07 |
| Genre | : Political Science |
| ISBN | : 1315318636 |
The disputes around fracking, and oil and gas policy, follow a long tradition of complicated intergovernmental relationships. Proponents argue that fracking supports new and well-paying jobs, revitalizes state and local economies, and that it can help replace reliance on other fossil fuels. Skeptics and opponents contend that oil and gas production via fracking contaminates air and water resources, causes earthquakes, and can ruin the character of many communities. Examining the intergovernmental politics of the first oil and natural gas boom of the 21st century, The Fracking Debate, Second edition offers a holistic understanding of the politics that characterize oil and natural gas operations, including why local governments are challenging their state’s preemptive authority, in order to initiate a larger conversation about improving intergovernmental relationships. Author Jonathan Fisk presents a novel argument about the ways in which local, state, regional, and national approaches to governance of shale gas development can work together to reduce conflict and forward the interests of the communities exposed to development, asking important questions such as: What state structures govern state-local relations? What state institutions impact and shape oil and gas production? What is the policymaking context in the state? What are the costs and benefits of hydraulic fracturing at the national, state, and local levels? How are risks and rewards distributed within states? What local policies have challenged the state, and why would local communities challenge the state? The result is a book that demonstrates that when stakeholders acknowledge their interdependencies and one another’s expertise, they create, design, and implement more responsive, strategic, and targeted public policies. The Fracking Debate, Second edition will be required reading for courses on oil and gas policy in the United States, environmental politics, and domestic energy politics, as well as a vital reference for practitioners and policymakers working in these fields.
| Author | : National Academies of Sciences, Engineering, and Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 87 |
| Release | : 2019-05-08 |
| Genre | : Science |
| ISBN | : 0309492394 |
While the public is generally aware of the use of hydraulic fracturing for unconventional resource development onshore, it is less familiar with the well completion and stimulation technologies used in offshore operations, including hydraulic fracturing, gravel packs, "fracpacks," and acid stimulation. Just as onshore technologies have improved, these well completion and stimulation technologies for offshore hydrocarbon resource development have progressed over many decades. To increase public understanding of these technologies, the National Academies of Sciences, Engineering, and Medicine established a planning committee to organize and convene a workshop on Offshore Well Completion and Stimulation: Using Hydraulic Fracturing and Other Technologies on October 2-3, 2017, in Washington, DC. This workshop examined the unique features about operating in the U.S. offshore environment, including well completion and stimulation technologies, environmental considerations and concerns, and health and safety management. Participants from across government, industry, academia, and nonprofit sectors shared their perspectives on operational and regulatory approaches to mitigating risks to the environment and to humans in the development of offshore resources. This publication summarizes the presentations and discussions from the workshop.
