Abstract
The development of unconventional resources such as shale gas is one of the most promising trends in U.S. energy supplies that could have great potential for enhancing our energy independence and reducing carbon emissions. Many experts have called shale gas an "energy game changer" that could dramatically alter the energy supply picture for North America and potentially the world as other countries are just beginning to determine the extent of their own unconventional resources and are closely watching developments in North America.
At the same time, however, the hydraulic fracturing technology that is critical to unlocking the vast tracks of shale gas located throughout the United States has drawn intense criticism from environmentalists and lawmakers concerned about the potential impact of hydraulic fracturing on water supplies and the environment.
As a result of numerous health and environmental concerns raised, legislation commonly known as the FRAC Act was introduced in the 111th Congress (2009–2010) calling for greater federal regulation over hydraulic fracturing and disclosure of the chemicals used in hydraulic fracturing operations. Additionally, in March 2010, the U.S. Environmental Protection Agency (EPA) announced that it will conduct a comprehensive research study to investigate the potential adverse impacts that hydraulic fracturing may have on water quality and public health. While the FRAC Act did not reach the floor of the 11th Congress, some members of the 112th Congress (2010–2012) have recently expressed their intention to re-introduce the FRAC Act in 2011. In the meantime, hydraulic fracturing continues to draw criticism from environmentalists and EPAs scrutiny over the industry is intensifying as EPAs study starts to take shape.
This presentation will provide an overview of the legal, policy and environmental challenges associated with shale gas development in the United States. The presentation will first address the existing federal and state laws pertain to shale gas development in the United States and will also provide an analysis of any pending legislation. This presentation also provides a detailed analysis of the current EPA Study and the various environmental concerns that have been raised pertaining to hydraulic fracturing.