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The Law of Energy UndergroundUnderstanding New Developments in Subsurface Production, Transmission, and Storage$
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Donald N. Zillman, Aileen McHarg, Adrian Bradbrook, and Lila Barrera-Hernandez

Print publication date: 2014

Print ISBN-13: 9780198703181

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780198703181.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 December 2019

Emerging Regulatory Frameworks for Hydraulic Fracturing and Shale Gas Development in the United States

Emerging Regulatory Frameworks for Hydraulic Fracturing and Shale Gas Development in the United States

Chapter:
(p.147) 8 Emerging Regulatory Frameworks for Hydraulic Fracturing and Shale Gas Development in the United States
Source:
The Law of Energy Underground
Author(s):

LeRoy C. Paddock

Jessica Anne Wentz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198703181.003.0008

This chapter examines the evolving Federal regulatory landscape for hydraulic fracturing. It compares how two states — Pennsylvania, one of the leading states for hydraulic fracturing gas production, and New York, where a long-standing moratorium on hydraulic fracturing remains in place — have regulated, or propose to regulate, fracturing operations. In the United States natural gas resources are privately owned unless they are located under publicly owned land. Under state law, the individual or organization who owns the surface property typically owns the mineral resources underneath, and may sell or lease those mineral rights to third parties. Thus, natural gas extraction tends to be a private activity which involves a mix of private contract law and public regulation of exploration and extraction practices. State law is especially important since onshore oil and gas exploration and production have historically been regulated at the state level. In presenting the state regulatory regimes, the chapter highlights areas where the Center for Sustainable Shale Development's (CSSD) new performance standards compare to the state approach.

Keywords:   state law, state regulation, federal regulation, Pennsylvania, New York, natural gas development, Center for Sustainable Shale Development

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