2016
DOI: 10.2139/ssrn.2759847
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Defining and Closing the Hydraulic Fracturing Governance Gap

Abstract: This Article makes the case for the importance of, and authority for, local leadership on fracking governance. We do this by first surveying the public governance structure related to hydraulic fracturing at the federal level, by reviewing the traditional scope of local land use authority, and through a close examination of four states. Specifically, we describe the fracking statutes and regulations in Colorado, North Dakota, Pennsylvania, and Texas, and take a close look at how municipalities in those states … Show more

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Cited by 3 publications
(3 citation statements)
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“…The potentially serious consequences to human health and the environment posed by fracking have raised questions about the current state of fracking governance. Some aspects of fracking, and particularly horizontal drilling, may be subject to a number of federal environmental laws, but exemptions and limitations in the major federal environmental statutes have rendered federal regulation of fracking patchy and incomplete (Heusner, Sloto, & Galperin, 2017). Nevertheless, the task of regulating oil and gas extraction has traditionally fallen to the states, and those with fracking within their borders, such as Pennsylvania, have enacted regulations to govern it.…”
Section: Introductionmentioning
confidence: 99%
“…The potentially serious consequences to human health and the environment posed by fracking have raised questions about the current state of fracking governance. Some aspects of fracking, and particularly horizontal drilling, may be subject to a number of federal environmental laws, but exemptions and limitations in the major federal environmental statutes have rendered federal regulation of fracking patchy and incomplete (Heusner, Sloto, & Galperin, 2017). Nevertheless, the task of regulating oil and gas extraction has traditionally fallen to the states, and those with fracking within their borders, such as Pennsylvania, have enacted regulations to govern it.…”
Section: Introductionmentioning
confidence: 99%
“…Such policy decisions may be informed by health impact and other assessments, but these do not dictate central and local government decision-making. All parties of course tend to claim their assessments of hazards and risks are evidence-based or evidence-informed but that is not always how policy is made [ 6 , 7 ]. It presupposes the same evidence base is used by all parties and interpreted in the same ways.…”
Section: Methodsmentioning
confidence: 99%
“…Gaps in regulations, such as dealing with wastewater handling, should be addressed. Examples of regulatory gaps are ample, for example in the US and Canada [50][51][52] and India [53]. In India, for example, only the inflow and outflow of groundwater are regulated for UOG extraction, but not groundwater recharge, excessive extraction or ecological impacts on groundwater during industrial extraction.…”
Section: International Regulatory Shortcomings On Groundwater Resourc...mentioning
confidence: 99%