Hydraulic Fracturing

Hydraulic Fracturing

The primary legal issues raised by hydraulic fracturing

Before proceeding with the primary legal issues associated with hydraulic fracturing, it would be imperative to look at the various legal issues that have been raised at the government level. Some of these are:

Federal FRAC Act, H.R. 1084; S 587

The diesel Fracking Permitting Guidance as proposed by EPA's

The various rules and legislations that have been adopted by the states such as the Wyoming Oil and Gas Regulation, Arkansas Oil & Gas Commission Rule B-19, Michigan DEQ Permitting Instructions, Texas HB 3328 (June 2011) and Texas Railroad Commission Proposed Rules

The federal regulatory status

Hydraulic fracturing is now a national issue. It is also an environmental issue, but at present, it is not being covered by the national environmental laws. The safe drinking water Act's underground injection control program is currently governing the underground injection activities. These regulations are made primarily at the state level. After the year 2009, much legislation has been introduced again and again in congress. These included the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act of 2011, H.R. 1084; S. 587. This Act was intended to amend the SWDA for including the underground injection of fluids for hydraulic fracturing for oil and gas (and geothermal) production. However, this Act is still to become a law. Many states have been urging the congress to allot the authority to them. A political consensus in this regard does not exist.

The primary environmental issues raised by hydraulic fracturing

In the past few years, a lot of controversy has arisen over hydraulic fracturing. Though some are in favor of it as it creates increase in energy, generation of jobs, and cheap process of energy, some on the other hand are pressing for an all out ban on hydraulic fracturing. Such people are of the view that it has many adverse impacts such as environmental, health of the public and social. However, since there is no clear and wide data that can be deemed as being credible, nothing much can be said about the environmental impacts. Also, this hampers the development of policies that could minimize these risks. One of the main reasons for this situation is that the companies involved in such activities keep their business a secret. Rather than for hiding the negative impacts of their works, this is done for gaining a competitive advantage and also for avoiding litigation. Another factor is ...