Recent advancements in unconventional hydrocarbon extraction have led to a veritable boom in the industry.  While this boom unlocks exciting energy opportunities, enthusiasm has been tempered by the potential impacts of an increase in unconventional drilling operations on our nation's fresh water supply.  Effective policies pertinent to the protection of water supplies during hydrocarbon extraction are an issue of prime importance if the industry is to maintain stewardship of fresh water resources.  This study highlights the nuanced state of policy currently governing the unconventional oil and gas industry by scrutinizing federal and states administrative code as well as current relevant scientific research and news articles.  Explored areas of concern are: 1) well integrity 2) treatment and discharge of wastewater 3) disclosure of fracturing fluid composition and 4) oversight and enforcement jurisdiction.  The study has focused primarily on the unconventional drilling industry in Texas.  While some conclusions drawn about state-specific challenges can be applied to the industry in general, it is important to understand that variations in regional geology and political infrastructure hinder the effectiveness of blanket solutions.  Muddled lines of responsibility were found between the federal and Texas state governments.  In order for experts to adequately assess potential risks associated with current industry operations, more thorough appraisal of well integrity and adjacent water quality must be adopted.  While most companies now disclose identity of chemicals used during hydraulic fracturing operations, many states do not mandate disclosure. Further complicating the issue, some companies claim exemption from mandatory disclosure on the grounds of protecting intellectual property.  Moving forward, enforcement and coordination between industry and both federal and states governments will be key in evaluating and minimizing environmental risks associated with the growing unconventional oil and gas industry.

Without a �fracking� compass:  Navigating the complex legal territory of unconventional hydrocarbon extraction

247th National Meeting (2014)

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