Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm is Needed for Water Utilized in Hydraulic Fracturing

28 Pages Posted: 5 Apr 2014 Last revised: 25 Mar 2015

See all articles by Victor Byers Flatt

Victor Byers Flatt

Case Western Reserve University School of Law

Heather Payne

Seton Hall Law School

Date Written: January 10, 2014

Abstract

Water is a precious commodity that is becoming more scarce with increased usage and climate change. One of the most important new uses of water is for hydraulic fracturing, yet use of water for this is not regulated in times of shortage as is most other uses. We propose that in water shortage situations, that water for hydraulic fracturing should be curtailed first, primarily because it is a completely consumptive use.

Keywords: hydraulic fracturing, fracking, water use, water quantity, energy, natural gas, environment, natural resources

JEL Classification: I18, K23, K32, N5, Q25, Q28, Q30, Q32, Q38, Q40, Q48

Suggested Citation

Flatt, Victor Byers and Payne, Heather, Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm is Needed for Water Utilized in Hydraulic Fracturing (January 10, 2014). University of Richmond Law Review, Vol. 48, No. 3, 2014, UNC Legal Studies Research Paper No. 2420041, Available at SSRN: https://ssrn.com/abstract=2420041

Victor Byers Flatt (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

Heather Payne

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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