Environmental Considerations Associated with Hydraulic Fracturing Operations
by James A. Jacobs, Stephen M. Testa
14Legal Considerations and Case Law
14.1 Introduction
Over the past four decades, there has been a robust increase in laws affecting environmental harm and issues, which in turn has given rise to the field of environmental law. Prior to the 1970s, such laws were virtually nonexistent, leaving the legal system to rely principally on what is characterized as tort law that was the principal legal mechanism for remedying harms to the environment and to right environmental wrongs. Considering the complexities of environmental harms in general, and the actual or perceived inadequacies of common law, policy makers such as the Congress have enacted wide‐ranging laws that provide legal remedies. Since 1970, the legal landscape has become densely populated with targeted federal legislation governing hazardous wastes, water and air pollution, species endangerment and extinction, ocean dumping, oil pollution, and toxic spills, with the United States Environmental Protection Agency (US EPA) being established and empowered to establish, implement, and enforce regulatory standards.
Since the commencement of the shale revolution, there has been an increasing number of litigation cases generated evolving around well stimulation associated directly or indirectly with hydraulic fracturing. Such litigation revolves around several elements including civil tort actions, citizen suits, government enforcement actions, freedom of information lawsuits, oil and gas disputes, contract disputes, other ...