Law of Shale Gas (The)
This one-credit course will investigate the wide array of laws—from the common law to local, state, and federal statutes and regulations—that apply to drilling and hydraulic fracturing for natural gas in U.S. shale formations. We will explore property issues associated with ownership and leasing of surface and mineral rights and potential trespass and nuisance claims. We will also investigate the wide array of local, state, and federal regulations, statutes, and ordinances that apply to drilling and hydraulic fracturing in shales, including, among other laws, bond payment requirements, casing requirements, limitations on the holding and disposal of wastewater and drill cuttings, restrictions on well site location, other environmental permitting requirements, and other laws aimed to prevent nuisance and to protect public safety. Throughout the course, we will compare states’ and municipalities’ differing approaches to the regulation of shale gas development and explore the factors that may be driving these differences.