Cooperative Federalism and Hydraulic Fracturing: A Human Right to a Clean Environment

Abstract:     
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, I2

Accepted Paper Series