Hydraulic Fracturing ― Selected Legal Issues

Hydraulic fracturing is a technique used to recover oil and natural gas from underground low permeability rock formations. Hydraulic fracturing involves pumping fluids (primarily water and a small portion of chemicals, along with sand or other proppant) under high pressure into rock formations to crack them and allow the resources inside to flow to a production well. The technique has been the subject of controversy because of the potential effects that hydraulic fracturing and related oil and gas production activities may have on the environment and health.This report focuses on selected legal issues related to the use of hydraulic fracturing. It examines some of the requirements for hydraulic fracturing contained in major federal environmental laws. It also provides an overview of issues involving state preemption of local zoning authority, as well as state tort law.