Fracking and Federalism: A Comparative Approach to Reconciling National and Subnational Interests in the United States and Spain

41 Pages Posted: 12 Apr 2015 Last revised: 18 Apr 2015

See all articles by Albert Lin

Albert Lin

University of California, Davis - School of Law

Date Written: 2014

Abstract

Hydraulic fracturing presents challenges for oversight because its various effects occur at different scales and implicate distinct policy concerns. The uneven distribution of fracturing’s benefits and burdens, moreover, means that national and subnational views regarding fracturing’s desirability are likely to diverge. This Article examines the tensions between national and subnational oversight of hydraulic fracturing in the United States, where the technique has been most commonly deployed, and Spain, which is contemplating its use for the first time. Drawing insights from the federalism literature, this Article offers recommendations for accommodating the varied interests at stake in hydraulic fracturing policy within the contrasting governmental systems of these two countries.

Keywords: hydraulic fracturing, fracking, federalism, environmental federalism

Suggested Citation

Lin, Albert, Fracking and Federalism: A Comparative Approach to Reconciling National and Subnational Interests in the United States and Spain (2014). Environmental Law, Vol. 44, No. 4, 2014, UC Davis Legal Studies Research Paper No. 424, Available at SSRN: https://ssrn.com/abstract=2593156

Albert Lin (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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