Haynes and Boone Updates Comprehensive Review of US Fracing Regulations


HOUSTON – Haynes and Boone, LLP energy attorneys have published an update to their comprehensive and highly regarded “American Law and Jurisprudence on Fracing,” a white paper that examines the legal, environmental and regulatory climate in active shale play states.

The 2012 version offers extensive updates and revisions reflecting new and revised regulations, statutes, and field development nationwide since 2010.

The updated paper highlights what hydraulic fracturing is and why it is practiced. It also focuses on the technology and process developments that guarantee to reduce the environmental footprint of hydraulic fracturing while promoting its efficiencies and economies. These developments are imperative with the increasing scarcity of water resources, especially in states plagued by drought, as well as populist pressures and the specter of the expanding regulatory authority of the U.S. Environmental Protection Agency (EPA).

Furthermore, the paper re-examines the regulatory framework currently in place in 18 states where hydraulic fracturing is common. This state-level analysis is made with an eye toward regulations specific to hydraulic fracturing and the fluids used, as well as more overarching regulations that include hydraulic fracturing among other exploration and production activities, as well as general pollution disposal regulations that cover used hydraulic fracturing fluid as well as other liquid waste from drilling. It includes recent examples of state-level legislation and associated regulations, as well as bills under consideration, and important opinions from state courts.

Additionally, the updated paper analyzes the current and contemplated laws and regulations governing hydraulic fracturing on the federal level. Specifically, it focuses on the history of litigation and legislative efforts challenging the current federal exemption of hydraulic fracturing from various federal statutes and regulations. The paper also highlights the friction between state and federal oversight.

The paper, over 185 pages in length, was originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 58th Annual Rocky Mountain Mineral Law Institute.

The report’s principal authors – Dr. Christopher S. Kulander and partners Thomas E. KurthMichael J. Mazzone and Mary Simmons Mendoza – were assisted in the update by Liz Klingensmith and other energy associates.

To download the white paper, please click on the PDF link below.

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