Geology Reference
In-Depth Information
How Is Hydrofracking Being Regulated?
As mentioned above, the development and production of oil and gas is regulated
by a matrix—to some, a crazy quilt—of federal, state, and local laws. Most federal
laws are administered by the EPA or the Department of the Interior (DOI), though
development of federal lands is overseen by the Bureau of Land Management
(BLM) and the US Forest Service (USFS).
In the case of California and Illinois, state legislatures are scrambling to adapt
to new technology and the public's mood swings, and it isn't always pretty. In 2012
alone over 170 bills to regulate oil and gas drilling were introduced in 29 states;
but only 14 of them became law, according to the National Conference of State
Legislatures. 17 Some state laws are tough, perhaps burdening the drilling industry
unnecessarily. Others are lenient, perhaps leaving much of the country subject to
environmental dangers.
The hydrofracking industry, meanwhile, argues that their operations are becom-
ing cleaner and safer every day. According to a Wall Street Journal analysis of
Pennsylvania DEP records from 2008 to 2012, the rate of environmental violations
in the Marcellus Shale has dropped steadily as the industry matures. 18 Increasingly,
large, well-funded, experienced companies are snapping up medium- and small-
sized companies that don't have the resources or depth of knowledge to imple-
ment effective safety regimes. The analysis found that major energy firms—such as
ExxonMobil, Shell, and Chevron—were cited for infractions in 6.5 percent of in-
spections; midsize companies—with a stock market value of $2 billion to $50 billi-
on—were cited in 14 percent of inspections; and small firms—with a stock market
value of less than $2 billion—were cited in 17 percent of inspections.
Opponents say that another factor—less aggressive regulation by
Pennsylvania's pro-hydrofracking governor, Tom Corbett—could explain the drop
in violations. Environmentalists point to a March 2011 memo that directed state
DEP inspectors to clear all violation notices with senior department officials before
issuing them, implying that the regulatory system had become politicized. The gov-
ernor defended the practice and asserted that the decline in violations is the result
of more rigorous inspections. 19
In 2012 then-interior secretary Ken Salazar said that shale gas provided the Un-
ited States the opportunity of energy independence, but added, “If we are going to
develop natural gas from shale, it has to be done in a safe and responsible man-
ner.” 20 But when the DOI issued a new set of hotly anticipated rules governing hy-
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