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The Legal and Regulatory Landscape of Hydraulic Fracturing - Purchase It Today


Keep pace with the latest developments on fracking, a hotly contested and rapidly evolving area of the law.



Perhaps no topic in energy and environmental law has been more controversial than the extraction of shale oil and gas from rock formations through hydraulic fracturing or “fracking.” It is the subject of vigorous debates over its purported economic benefits and environmental impacts. With that backdrop, The Legal & Regulatory Landscape of Hydraulic Fracturing provides an overview of major fracking topics from a legal and regulatory perspective, including:


    • ·         a history of the fracking process
    • ·         environmental issues and concerns
    • ·         an overview of federal-, state-, and municipal-level regulations related to fracking
    • ·         a survey of current litigation
    • ·         questions for oil companies and landowners to consider before agreeing to undertake or be a party to fracking activities

This pamphlet is invaluable for attorneys whether they represent oil and gas companies interested in drilling in a particular jurisdiction or landowners whose property abuts land where fracking activities are planned. With the tremendous increase in shale gas extraction along with still uncertain environmental issues and a fluid regulatory scheme at the federal and state levels, there is no shortage of opportunities for lawyers to play a significant role in shaping this rapidly evolving area of the law.

Table of Contents

§ 1.01  Background on Hydraulic Fracturing

§ 1.02  Federal Legislation and Regulations

§ 1.03  State Legislative and Regulatory Developments

§ 1.04  Significant Litigation Involving Hydraulic Fracturing

§ 1.05  Looking Ahead and Questions for Oil Companies and Landowners to Consider Before Agreeing to Undertake or Be a Party to Fracking Activities

About the Authors

Stephen Del Percio is an in-house attorney for one of the world’s largest engineering and construction companies and a frequent author and lecturer on topics related to construction, real estate, and green building. He is a 2000 graduate of Columbia’s School of Engineering and Applied Science and spent two years as a construction project manager on a high-rise office building in Times Square prior to attending William & Mary Law School, where he earned his J.D. in 2005 and served as the Managing Editor of the Environmental Law & Policy Review. Prior to his current position, Stephen spent seven years in private practice in Manhattan as a construction lawyer, first with the construction boutique Zetlin & De Chiara LLP and then in the real estate department at Arent Fox LLP. Stephen also publishes the Green Real Estate Law Journal (, a web-based publication that discusses how technology, data, and environmental issues are changing our interactions with the built environment.

J. Cullen Howe is an attorney with the New York City Council. He was formerly an environmental law specialist in Arnold & Porter LLP’s environmental practice group where he was the managing editor of Environmental Law in New York, a monthly newsletter, and edited the Environmental Law Practice Guide, Brownfields Law and Practice, and Environmental Impact Review in New York. He has co-authored chapters on climate change and green buildings for the Environmental Law Practice Guide. He is a co-editor of “The Law of Green Buildings,” which was published by the American Bar Association in 2011. He is a LEED Accredited Professional. From 2000–2007, he practiced commercial litigation and employment law at two Manhattan law firms. Mr. Howe received his J.D. and a master’s degree in environmental law from Vermont Law School in 1999. He received his B.A. from DePauw University in 1995.

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