Hydraulic fracturing refers to a process used to extract gas or oil from beneath the earth’s surface by pumping liquid at high pressure to the subsurface rocks. The pressure in this liquid is enough to fracture the rocks thus establishing interconnected networks of fractures…
Its impacts on the environment have not augured well with a majority of the environmentalists. Similarly, various legal concerns have been raised and they vary from one state to the next. In this paper, I seek to present a report on the hydraulic fracturing process, the legal and environmental issues, as well as offer some of recommendations regarding the process.
Hydraulic fracturing process raises various issues both legally and environmentally. The water contamination by the chemicals used during the fracking process has brought out legal issues of strict liability where individuals have asserted harm from such contaminated water. In a Pennsylvanian case of Fiorentino v. Cabot Oil & Gas Corp., No. 09-cv-2284 (M.D. Pa. November 15, 2010), the plaintiff seeks action to be taken against the oil and gas company. This follows the alleged contamination of the plaintiff’s water by methane and other toxins. The court refused to dismiss this case and hence opened a look into allowing plaintiff come up with a claim of strict liability against the hydraulic fracturing companies (U.S. ENVTL. PROT. AGENCY, 2009).
The other legal issue presented by the hydraulic fracturing is who is to be held responsible in cases of harm occasioned by the process. From the Fiorentino v. Cabot Oil & Gas Corp.case, it appears that it becomes an issue to the courts to determine the liability of the fracturing company and hence seeks to follow up and develop a rule suitable for this situation. Strict liability seems to have been inapplicable in such issues from the way the defendant presents his case in these proceedings.
While various states are embracing this process in gas and oil extraction, other states have banned it and hence are an illegal process. However, some states have left the discretion to the local leaders to decide whether the process should be permitted or not. Permitting such a process is done after ...
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(Course Project - Report Assignment Example | Topics and Well Written Essays - 2000 Words - 1)
“Course Project - Report Assignment Example | Topics and Well Written Essays - 2000 Words - 1”, n.d. https://studentshare.net/law/591832-course-project-report.
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2) To understand the federal and state laws regulating hydraulic fracturing process as well as to compare these laws in different states. To also examine these laws relative to a different country. 3) To understand the place of hydraulic fracturing of oil and gas as that relates to U.S.
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