Week 5 Draft Hydraulic Fracturing

Week 5 Draft Hydraulic Fracturing

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Legal and Ethical Analysis of Hydraulic Fracturing (Fracking)

I. Hydraulic Fracturing (Fracking) A. History B. Process II. Fracking and Ethical Theories A. The ethical theory of utilitarianism contends that the ultimate good is defined as actions intended to bring about the greatest utility for the greatest number of people. Fracking will be analyzed using this theory. B. Virtue ethics deals with the basic virtues of honesty, truth, trust, tolerance, kindness, diligence and self-restraint. The fracking industry will be examined to

see what role virtue ethics has played as the industry has rapidly grown. III. Fracking and the Law A. Administrative law is enacted by state or federal administrative agencies to regulate highly technical industries or business environments in order

………………………..environment, watersheds and drinking water, and promoting economic development. The report recommended allowing fracking on private lands, but would be banned: Inside the New York City and Syracuse watersheds. In the underground water sources that are used by other cities and towns. On state lands such as parks and wildlife preserves. Within 500 feet of a private water well or in domestic-use spring. Any drilling project in New York must pass an environmental review process and drilling for oil or gas is prohibited without a permit issued by the NYDEC. Texas Texas legislature and the Texas Railroad Commission, the state’s primary oil and gas industry regulator, took steps to enhance the regulatory regime for fracking in 2011. On December 13, 2011, the Railroad Commission adopted the Hydraulic Fracturing Fluid Disclosure Rule, which is one of the nation’s most comprehensive chemical disclosure rules for hydraulic fracturing chemicals. The rule requires Texas oil and gas operators to disclose on the website

all the ingredients and water volumes used to hydraulically fracture wells in Texas. The rule is applied to all wells that the Railroad Commission has issued an initial drilling permit on or after February 1, 2012. A supplier, service company or operator is not required to disclose trade secret information unless the att

orney general or court determines the information is not entitled to trade secret. In addition, a means will be provided to supply the information to health professionals and emergency responders in case of an injury or other accident. Federal regulations of hydraulic fracturing Fracking is subject to the regulatory oversight of these US agencies: The Environmental Protection Agency (EPA), The Department of Energy (DOE), The Department of the Interior (DOI) and The Securities and Exchange Commission (SEC). Environmental Protection Agency The federal regulation of fracking has been conducted primarily by the EPA under the Safe Drinking Water Act (SDWA). Congress enacted the SDWA “to assure that water supply systems serving the public meet minimum standards for protection of public health”. The SDWA authorizes the EPA to “give paramount importance to the sole objective of the public health.” Among other things, the SDWA requires the EPA to establish: Regulations specifying maximum levels of contaminants in drinking water. Minimum requirements regulating the practice of underground injection, including injection wells related to oil and gas production. Included within the SDWA is the Underground Injection Control (UIC) program that provides for regulatory management of the injection of fluids that may result in contamination of sources of drinking water that are underground (Rocky Mountain Mineral Law Foundation, 2011). Department of Energy In addition to commissioning the EPA study, in May 2011, the Obama Administration commissioned a DOE study to make recommendations to improve the safety and environmental
performance of natural gas hydraulic fracturing from shale formations. This DOE study is in addition to its 2009 fracking study. On Augu

Week 5 Draft Hydraulic Fracturing

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