THE LEGAL LANDSCAPE OF "FRACKING":
THE O I L AND GAS INDUSTRY'S GAME-CHANGING
TECHNIQUE IS ITS BIGGEST HURDLE
JASON SCHUMACHER & JENNIFER MORRISSEY*
1. INTRODUCTION
n.
OVERVIEW OF THE FRACKING ISSUES
A. Water Quality and Quantity
1. Water Quality Issues
2. Water Use Issues
B. Emissions Issues
C. Land Use Issues
D. Induced Seismic Activity
in.
THE NATIONAL "FRACKING" DIALOGUE
A. Voices in the Fracking Conversation
1. The Natural Gas Industry
2. The Environmental Community
3. Local Groups in Affected Communities
4. State and Federal Regulators, Lawmakers, and
Politicians
5. Academics, Research Commissions, and Think
Tanks
6. Other Groups with an Interest in Fracking
IV.
OVERVIEW OF THE REGULATORY LANDSCAPE IN THE
FEDERAL ARENA
A. The Environmental Protection Agency
B. The Department of the Interior
C. The Department of Energy
D. The Securities and Exchange Commission
E. Other Potentially Applicable Federal Rules
1. The Occupational Safety and Health Act
2. Emergency Planning and Community Right-to-
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* Jason Schumacher is a partner in the Oil and Gas practice of Dentons US LLP's Dallas
office. Jennifer Morrissey is a Senior Managing Associate in thefirm'sEnergy and Natural
Resources group in the Washington, DC office, where she divides her time between
regulatory and appellate work. The authors wish to extend their thanks to their colleague
Jim Rubin of Dentons US LLP in Washington, D.C. for his assistance in researching this
article.
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Texas Review of Law àf Politics
Know Act
V.
REGIONAL AND STATE REGULATION AND TRENDS
Vol.17
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A. Overview of U.S. Legal and Regulatory Regimes for
Water Use
275
B. Interstate Water Gommissions in the Marcellus
Region
278
1. Water Use
278
2. Water Quality
279
G. Key State Regulations and Trends
280
1. New York
280
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