Cooperative Federalism and Hydraulic Fracturing: A Human Right to a Clean Environment
London School of Economics (LSE); Pace Law School
February 17, 2012
Cornell Journal of Law and Public Policy, 2013
United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.
Number of Pages in PDF File: 11
Keywords: human rights, environment, hydraulic fracturing, Hydrofracking, federalism, public participation, access to information, natural gas, energy, intellectual property rights, constitutional law, climate change, methane, water, natural resources
JEL Classification: A1, C7, C8, D1, D4, D6, D7, D8, D9, E2, E3, E6, F, F1, F4, H1, H2, H4, H5, H7, H8, I1, I18, I19, I2Accepted Paper Series
Date posted: February 20, 2012 ; Last revised: March 26, 2012
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