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scholarly article about fracking

scholarly article about fracking

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Published by Chad Whitehead
argues that the states should handle the issue of fracking not the federal government
argues that the states should handle the issue of fracking not the federal government

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Categories:Types, Research
Published by: Chad Whitehead on Jan 23, 2013
Copyright:Attribution Non-commercial

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03/17/2014

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Hydraulic Fracturing and "Spotty" Regulation: Whythe Federal Government Should Let States ControlUnconventional Onshore Drilling
I.
INTRODUCTION
Recent years have witnessed
a
shift
of
focus
in the oil and gas
industry. Conventional sources
of
energy
are
drying
up.'
Globaldemand
is on the
rise.'^
And
offshore drilling, though potentiallyextremely lucrative,
has
proven
to be a
risky endeavor.^
As
manyexperts
see it,
solutions
for
developers must now come
in the
form
of
unconventional onshore extraction techniques, which allowoperators
to tap
reserves previously thought uneconomical
or
evenimpossible
to
produce.* While developers have traditionally focusedon cheap, vertical wells
and
shallow pools
of oil and gas,
futureeconomic success will likely require expensive directional drilling
and
unconventional sources
of
energy.^
1.
See;
e.g.,
ENERGY PORTEOLIOS
81 (U.
Aswathanarayana
& Rao S.
Divi eds., 2009)("The world's production
of
conventional hydrocarbons will soon decline.").
2.
See,
e.g.,
id.
at 82
("[W]orld energy consumption
is
projected
... to
expand
by 50
percent from 2005
to
2030.").
3.
The
2010 catastrophe involving BP's
Deepwater Horizon
rig
is,
of
course,
the
classicexample. As stated by
a
national commission formed
in
response
to the
incident;The
BP
Deepwater Horizon
disaster undermined public faith
in the oil and gas
industry,
in
government regulators,
and
even
in
America's ability
to
respond
to
crises.
. . . The
development
of
oftshore energy resources contributes substantially
to
local economies, supporting business small
and
large
and
employing tens
of
thousands
of
workers.
But any
sensible energy policy must recognize
the
substantialrisks that accompany these real benefits
....
NAT'L COMM'N
ON THE BP
DEEPWATER HORIZON
OIL
SPILL
&
OFESHORE DRILLING,REPORT
TO THE
PRESIDENT, DEEP WATER:
THE
GULF
OIL
DISASTER AND
THE
FUTURE
OF
OFFSHORE DRILLING
293-95 (2011) [hereinafter BP
COMM'N].
4.
See,
e.g.,
ROBERT
L.
EVANS, FUELING
OUR
FUTURE:
AN
INTRODUCTION
TO
SUSTAINABLE
ENERGY
65
(2007) ("There
is a
need
... to
develop new
or
'non-conventional'sources
of
fossil fuels
to
supplement
the
traditional crude
oil
supplies.
... In the
near-termthese 'new' sources
. . .
include
the
unlocking of'synthetic oil' from
the
extensive
oil
sands andoil shale deposits found
in
many parts
of the
world,
and the
extraction
of
natural
gas
fromunused coal seams, known
as
'coal-bed methane.'").
5.
See,
e.g.,
AARON M. AzELTON & ANDREW s.
TEUFEL, FISHER INVESTMENTS
ON
ENERGY
7-8
(2009) ("[M]any believe
the
largest, most easily accessible conventional
oil and
gas deposits
in the
world
are
already tapped. As
a
result, companies must search
for oil and gas
in increasingly harsh environments like deep offshore
or
rugged, remote terrains.
The
advancement
of
technology
has
enabled firms
to tap
into increasingly remote areas
and at
1743
 
BRIGHAM YOUNG UNIVERSITY LAW REVIEW 2011
The Barnett Shale play in Texas offers an illustrative example.One of the largest natural gas discoveries in the world, the field sitsdirectiy below the city of Fort Worth, Texas, where gas extraction isonly possible at a price of $2-3 million per well.* Even then, drillingwould not be economical without the use of hydraulic fracturing^(often referred to as "fracking" or "hydrofracking"), a techniqueused to break up source rock by injecting large amounts of water andother substances into a well at such high pressures that the rockcracks, or fractures.^ The injected fiuid usually contains a proppingagent (normally sand or artificial ceramic beads), which "propsopen" the fracture and allows oil and gas to fiow to the wellhead.'Hydrofracking in the Barnett Shale is often combined withhorizontal drilling, a technique that extends a well's reach and allowsoperators to produce gas in urban areas where population concernscomplicate the drilling process. These methods are also employedin rural regions. In the Williston Basin of western North Dakota andeastern Montana, for example, fracking and horizontal drillingenable developers to target tight shale plays where oil could not beefficientiy produced only a decade or two ago." In fact, such well-stimulation techniques have become so efficient and so lucrative for
greater depths. Moreover, technology and high oil and gas prices may also make iteconomically viable to tap unconventional hydrocarbons, which were previously too expensiveto recover profitably.").6. Billie Ann Maxwell, Note,
Texas Tug of War: A Survey of Urban Drilling and the
Issues
an Operator Will
Face,
4 TEX. J. OIL
GAS
& ENERGY L. 337, 338, 341 (2009).
7.
Coastal Oil & Gas Corp. v. Garza Energy Trust, 268
S.W.3d
1, 16 (Tex. 2008)("[T]he Barnett Shale in north Texas ... is entirely dependent on hydraulic fracturing.").
8. U.S. ENVTL. PROT. AGENCY, EVALUATION OE IMPACTS TO UNDERGROUNDSOURCES OF DRINKING WATER BY HYDRAULIC FACTURJNG OE COALBED METHANE
RESERVOIRS STUDY
app. A-1 (U.S. Dep't of Energy: Hydraulic Fracturing White Paper)
(2004),
available at
http://www.epa.gov/ogwdw/uic/pdfs/cbmstudy_attach_uic_append_a_doe_whitepaper.pdf.9.
Id.
10.
See,
eg..
Lisa Vaughn,
New Facets of Old Alternatives for Unleased Mineral Interests,
16
TEX. WESLEYAN
L.
REV.
113, 114 (2009) ("[A] horizontal well's bore site [can] be placedfar from where the reservoir will actually be tapped, thus allowing operators to comply withmunicipal regulations and public policy issues by placing drilling activities further fromhomes.").
11.
See,
e.g.,
Clifford Krauss,
Drilling Boom Revives Hopes for Natural Gas,
N.Y.
TIMES,
Aug. 25, 2008, at Al,
available at
http://www.nytimes.com/2008/08/25/business/25gas.htm (explaining that much of the shale in the U.S. "has been known for morethan a century to contain gas, but it was considered virtually worthless until a decade ago"because companies lacked the technologies, like fracking, needed to extract the gaseconomically).
1744
 
1743
Hydraulic Fracturing and
"Spotty"
Regulation
oil producers
in the
U.S. that most
of the
country's
oil and gas
billionaires have made their fortunes investing
in
onshore,
not
offshore, drilling.'^At
the
same time,
few
onshore operations pose more concernsthan hydraulic fracturing. The debate regarding its potential negativeenvironmental effects
has
morphed into
an
outright firestorm
in
recent years, with drilling advocates staunchly defending
the
practice'^
but
facing fierce opposition from environmental groupsand even politicians.'*
New
York Attorney General EricSchneiderman,
for
example,
has
promised
to sue to
keephydrofracking
out of
his state until more information
is
availableregarding its environmental effects.'^
12.
Christopher Helman,
America's Richest
Oilmen,
FORBES.COM (lune
17, 2010, 1:00
PM),
http://www.forbes.com/2010/06/17/koch-hamm-bass-kaiser-business-energy-oil-billionaires.html.
13.
See,
eg.,
INDEP. PETROL.
ASS'N
OF
AM.,
HYDRAULIC FRACTURING: EFFECTS
ON
ENERGY SUPPLY,
THE
ECONOMY,
AND THE
ENVIRONMENT
2 (2008),
available at
http://www.energyindepth.org/PDF/Hydraulic-Fracturing-3-E%27s.pdf ("[Hjydraulicfracturing
has
never presented
an
environmental risk.").
14.
See,
e.g.,
lennifer Goldman,
Hydraulic Fracturing Myths
and
Facts,
OIL
&
GASACCOUNTABILITY PROJECT/EARTHWORKS
l
(April
23,
2009),
available
at
http://www.earthworksaction.org/pubs/FS_hydraulic-fracturing_myths-factsFINAL.pdf("Hydraulic fracturing fluids contain toxic chemicals
and are
being injected into
and
neardrinking water supplies.").
15.
Ion
Campbell,
Attorney
General-Elect Schneiderman
Staunchly
Opposes
HydraulicFracturing,
STARGAZETTE.COM (NOV.
7,
2010, 3:55 PM),
http://www.stargazette.com/article/20101107/NEWS01/11070359/1113/Attorney-General-elect-Schneiderman-staunchly-opposes-hydraulic-fracturing.
The
fracking controversy inspired David Pursell,
a
research analyst
at
an
energy investment bank,
to pen the
following lines, borrowing from
a
famous scene
in
A
Few
Good
Men:
You want
the
truth?
You
can't handle
the
truth!
We
live
in a
world that needs cleannatural
gas, and gas
wells have
to be
frac'd
by men
with rigs
and
pumps. Who'sgonna
do it?
Microsoft? Apple?
The
energy industry
has
greater responsibility thanyou could possibly fathom.
You
weep
for
your i-phone
app, and you
curse
the
fraccrews.
You
have that luxury.
You
have
the
luxury
of not
knowing what
we
know.That fossil energy Riels economic growth.
And
the
existence
of
frac'ing, whilegrotesque
and
incomprehensible
to you,
powers
our
economy.
You
don't want
the
truth because deep down
in
places
you
don't talk about
on
Facebook,
you
wantthem
on
that frac,
you
need them
on
that frac.
We use
words like pressure,proppant, conductivity.
We use
these words
as the
backbone
of a
life spentproducing
gas. You use
them
as a
punchline.
We
have neither
the
time
nor the
inclination
to
explain ourselves
to
someone
who
takes
a
hot
shower every morningusing
the
natural
gas
that
we
provide,
and
then questions
the
manner
in
which
we
providé
it.
We
would rather
you
just said thank
you, and
went
on
your
way.
Otherwise, we suggest you pick
up a
pipe wrench,
and
meet
us on
location.
We
havewells
to
frac!lohn McFarland,
More
on the
Frac'ing Controversy,
OIL
AND
GAS
LAWYER BLOG
(Oct.
1,
1745

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