Trust in Local Government: How States' Legal Obligations to Protect Water Resources Can Support Local Efforts to Restrict Fracking

摘要

Hydraulic fracturing, an oil and gas drilling technique commonly referred to as "fracking," has experienced a profound expansion in the United States since the dawn of the twenty-first century. Providing an influx of cheap oil and gas and new job opportunities, the boom has worked wonders for the American economy. However, with the financial benefits came considerable environmental risks, such as air pollution and water contamination. With the federal government's role in regulating fracking uncertain, the states have taken up the torch in managing the practice. Dissatisfied with state regulations, many local governments have passed local bans and moratoria to protect their communities from environmental and public health harms. But states and oil and gas interests have responded with lawsuits seeking to invalidate local fracking restrictions as inconsistent with state law.