Hydrofracking: Disturbances Both Geological and Political: Who Decides?

44 Urb. Law. 507 (2012 Forthcoming)

26 Pages Posted: 25 May 2012 Last revised: 11 Oct 2012

See all articles by John R. Nolon

John R. Nolon

Elisabeth Haub School of Law, Pace University

Victoria Polidoro

Pace University - School of Law

Date Written: 2012

Abstract

There is much controversy about the mining of shale gas through a process known as hydraulic fracturing (hydrofracking) in the Marcellus Shale formation, one of the largest shale gas areas in the world. A debate is raging about its economic benefits and environmental impacts as the New York State’s Department of Environmental Conservation (DEC) considers what standards to require when it issues permits to drillers. New York State law gives permitting authority to DEC and calls into question the historical home rule authority of localities to control the location and land use impacts of gas wells, through comprehensive planning, zoning, and development regulations. This article describes and discusses this debate, the tension between state and local control, local zoning limitations imposed on drilling and ensuing litigation, and options available to municipalities to control the impact of drilling on their local environment and economies. The regulation, advocacy, and negotiation regarding hydrofracking raise critical questions for economic and environmental policy because the facts regarding this emerging technology are highly disputed, the forces pushing and resisting shale gas mining are powerful, and the authority of each level of government is unclear. At stake are critical policy issues about who decides issues that have national, regional, and local impacts and the role of regulation in developing effective strategies for resolving such complex environmental and economic conflicts.

Suggested Citation

Nolon, John R. and Polidoro, Victoria, Hydrofracking: Disturbances Both Geological and Political: Who Decides? (2012). 44 Urb. Law. 507 (2012 Forthcoming), Available at SSRN: https://ssrn.com/abstract=2066780

John R. Nolon (Contact Author)

Elisabeth Haub School of Law, Pace University ( email )

78 North Broadway
White Plains, NY 10603
United States

Victoria Polidoro

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
691
Abstract Views
4,128
Rank
74,620
PlumX Metrics