Repository for Oil and Gas Energy Research (ROGER)

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The paper examines shale gas development as a situation of resource exploration loaded with multiple uncertainties stemming not only from technology-generated unknowns but mainly from the unknowns about the volume of exploitable resource and about the ways in which shale gas industry will exist ‘locally’. By examining first information meetings organized by NGOs, companies and local authorities in Poland: Przywidz, Mikołajki Pomorskie and Żurawlów, the paper shows that uncertainty is built around three dimensions that are to be shared by communities and companies if exploration takes place: knowledge, space and time. Discussions around these three issues reveal knowledge deficits on all sides, contributing to the emergence of new areas of uncertainty and making any agreement difficult. By referring to the concept of ‘hybrid forums’, the analysis also shows how a gathering that is initially framed by the organizers as an ‘information meeting’ transforms into a ‘hybrid forum’ where new facts, values and identities emerge due to the confrontation of perspectives represented by heterogeneous stakeholders.

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This paper is the second in a two-part series that assesses and summarizes extant knowledge regarding hydraulic fracturing wastewater management using a comparative, multidisciplinary approach. This study compares the regulatory regimes related to wastewater handling (storage and transport), treatment and disposal practices as they apply to the hydraulic fracturing industry in four unconventional shale plays in North America: the Montney in British Columbia (BC), the Duvernay in Alberta (AB), the Marcellus in the northeastern United States (US) and the Barnett in Texas. In North America, handling, treatment and disposal practices in the regulation of oil and gas wastewater is complex and multifaceted due to shared jurisdiction over many aspects across provincial or state lines, and/or across provincial/state and federal levels. All jurisdictions considered in this assessment have highly specific regulations for many elements of wastewater handling, treatment and disposal. However, much of the guidance for these practices comes from other legislation that makes provisions for environmental or safety performance, or prohibitions against pollution. The research suggests that knowledge gaps exist in the areas of regulatory outcomes, and compliance and best management practices, particularly in how those factors enable and constrain environmentally sustainable practices. BC's area-based-management model and AB's play-based-regulation pilot project are examples of attempted cumulative effects assessment and management noticeably absent from the Marcellus or Barnett plays.

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Coal is the top fuel for power generation in both China and the United States. Its replacement is one critical method to mitigate the serious environmental impacts. Natural gas is associated with much less air pollution and is one of the most important alternative fuels. In the United State shale gas - one key type of unconventional natural gas - has become a disruptive energy resource during the past years. China has the world's largest resource of shale gas, and it is keen to develop them to alleviate unacceptable air pollution and to ensure energy security. However, one big obstacle standing between the ambition and the reality is the potentially serious environmental impacts caused by shale gas development. We construct an analytical framework, focusing on the coverage and implementability of monitoring, reporting and verification (MRV) systems, to qualitatively evaluate the probability of detecting noncompliance for enhancing compliance - in China and the United States on three prominent environmental impacts, including water contamination, water consumption and methane leakage. China should improve significantly on the implementability dimension and pay urgent attention to currently weak MRV systems on water contamination. The United States needs to extend the MRV coverage of ground water consumption. Only when the environmental impacts in shale gas development were effectively controlled, the fuel switching to replace coal could bring significant environmental gains. (C) 2015 Elsevier B.V. All rights reserved.

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In the 21st century, the U.S. has experienced a boom in unconventional oil and gas development (UOGD). In part due to advances in technology, this rapid increase in UOGD has moved extraction practices into geographic areas that have previously seen little or no oil and gas development. As a result, conflicts over property rights have erupted—particularly in relation to split estate situations. To understand this controversy, we must situate it in the conditions which have shaped land use and mineral rights. We argue that past federal and state level governance decisions have created the conditions for UOGD conflicts today. Here, we utilize historical institutionalism (HI) to review the historical actors, processes, and institutions that have shaped how mineral rights have developed in the context of split estates in the U.S. We suggest that tracing this legislative and judicial history through HI is an essential foundation for exploring issues related to UOGD. Most importantly, we highlight these processes of governance as a bedrock for understanding spatial inequality inherent in current split estate law that grants the mineral estate dominance over the surface estate. We suggest that this codification of spatial inequality is problematic both in and beyond the context of split estates in UOGD.

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Since the early 2000s, the U.S. has experienced a rapid increase in domestic unconventional oil and gas development (UOGD). Continuing a legacy as an oil and gas producing state, Colorado has emerged as a leader in this development. Yet these extraction practices have created a burden for municipal governments who have had little to no previous exposure to oil and gas development and were thus unprepared to regulate it. Through the application of a strategic action field (SAF) theoretical framework, this paper examines the processes through which local governments—Fort Collins and Loveland, Colorado—have pursued divergent strategies to regulate UOGD in their city limits, and the extent to which collective incumbents and challengers in the broader field environment have wielded meaning making practices and other resources to influence these strategies. To explore this understudied area of the governance process, I primarily draw from qualitative interviews with city staff and council members. Results suggest that both meaning making and power are critical components of strategic field action, and that the social skill of meaning making is in itself a form of power.

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The benefits and impacts of unconventional natural gas development are realized at different spatial scales, calling into question the appropriate jurisdictional level at which to set and enforce environmental policy. This paper evaluates impact fee allocation under Pennsylvania Act 13, which authorizes Commonwealth payments to Pennsylvania counties to offset damages from unconventional natural gas extraction in exchange for consolidated state-level regulatory authority. We evaluate the adequacy of damage compensation allocation for impacts that are spatially and temporally removed from the well site, using the air emissions associated with natural gas wastewater transport as a case study. Wastewater transport from wells eligible for 2011 impact fee disbursement calculations generated an estimated $11.6 million in air emission damages from 2004-2013, with 35% of damages occurring out-of-state and an average of 94% of damages occurring out-of-county.  We find that compensatory payments from PA Act 13, which are based upon the number of wells drilled in a county in a single year, inadequately account for spatially and temporally distributed impacts from wastewater transport. This case study of PA Act 13 highlights potential issues associated with central regulators using compensatory payments as a means of resolving jurisdictional conflict. In cases where the central regulator benefits from the polluting activity, we argue that there is incentive to focus compensation on local damages and undervalue regional and spatially distributed damages in both compensation algorithms and regulatory standards.

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The rapid increase in private sector proposals and permit applications to use water for the purpose of hydraulic fracturing has led to significant concerns in nearly every jurisdiction in the world where shale gas development has been explored. In addition to concerns about risks to water quantity and quality, in Canada, shale gas development has highlighted how the Crown (federal and provincial governments) continues to struggle in its approach to honor, respect, and uphold Nation-to-Nation relationships with Indigenous peoples. But moving beyond the criticism, we argue that these circumstances have provided a renewed opportunity to explore alternative governance approaches. Existing water governance challenges are exacerbated by historical injustices generated by resource management approaches that have exposed Indigenous nations to disproportionate environmental risks. Furthermore, the inadequacy of current water governance approaches to recognizing Indigenous rights, self-determination, ways of knowing, and values has been well established in literature relating to environmental governance and Indigenous peoples. Given these circumstances, if water is allocated to hydraulic fracturing in Canada with continued disregard for Indigenous rights and risks, we contend that this only further intensifies unjust environmental and cultural harm to Indigenous peoples. In the quest for solutions, we discuss the challenges to alternative models (co-management, collaborative governance, and impact benefit agreements) that are frequently cited in environment-Indigenous literature. We conclude with recommendations to address the unresolved challenges inherent in these governance models, in the interest of improving water decision-making. (C) 2016 Wiley Periodicals, Inc.

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This commentary considers the key regulatory and commercial conditions that underpin the development of unconventional gas deposits in the United States and how those conditions are reflected analogously in unconventional gas deposits in the United Kingdom. The commentary then suggests a project structure, intended to better promote the successful development of UK unconventional gas deposits, which introduces certain elements of the US model to current UK practice.

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This article focuses on how hydraulic fracturing activities-including wastewater injection-generated, and are still generating, a spectrum of regulatory responses. These regulatory inconsistencies are due to many variables, including: differing opinions on how regulators ought to manage new technologies with unknown environmental impacts; the promise of economic benefit; how politically contested hydraulic fracturing is in the jurisdictions in question; and the fact that much is still unknown about the environmental impacts of hydraulic fracturing. Part I provides an overview of the emerging science on the connections between hydraulic fracturing, wastewater injection and induced seismicity. Part II maps the responses of state-level regulators in the United States to this issue. Part III provides a refresher of the environmental governance theories and practices that help administrative agencies cope with the risks, which energy systems have created, and which agencies are mandated to manage. Part IV evaluates the US state-level responses using the introduced theories and practices. Finally, the conclusion provides some additional reflections.

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Unconventional oil and gas extraction (UOGE) has spurred an unprecedented boom in onshore production in the US. Despite a surge in related research, a void exists regarding inquiries into policy outcomes and perceptions. To address this, support for federal regulatory exemptions for UOGE is examined using survey data collected in 2015 from two Northern Colorado communities. Current regulatory exemptions for UOGE can be understood as components of broader societal processes of neoliberalization. Free market ideology increases public support for federal regulatory exemptions for UOGE. Perceived negative impacts do not necessarily drive people to support increased federal regulation. Utilizing neo-Polanyian theory, interaction between free market ideology and perceived negative impacts is explored. Free market ideology appears to moderate people's views of regulation: increasing the effect of perceived negative impacts while simultaneously increasing support for deregulation. To conclude, the ways in which free market ideology might normalize the impacts of UOGE activity are discussed.

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Following the shale gas boom in the United States, unconventional natural gas extracted from organic-rich shale rock formations has generated increasing attention in the European Union (EU). This considerable interest has been spurred by a range of optimistic volumetric appraisals of shale gas resource potential trapped beneath the European continent. The paper critically examines rationalities and practices through which states of resource availability and recoverability are made visible, measurable, intelligible, and thus rendered governable, namely open to new fields of possibilities to act upon. By implementing the concept of socio-technical imaginaries as governmentality approach, the analysis is guided by two objectives: first, to identify visions of shale gas potential contained in a range of resource estimates; second, to scrutinize rationalities of government, that is how shale gas resources are made knowable and purposeful, as well as technologies of government that operationalize these rationalities via practices of calculation, visualization, and inscription. The paper illustrates that, these highly speculative and uncertain assessments can forge powerful volumetric imaginaries of shale gas potential that yield specific governing effects concerned with securitization of unconventional hydrocarbons availability. Consequently, these imaginaries prescribe and legitimize techno-political hopes for certain post-conventional energy futures underpinning the fossil fuel abundance narrative.

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The precautionary principle was developed in environmental politics as a guiding mechanism for governments where new technologies, products, and processes produced potential health or environmental problems but where scientific evidence could not explain why. Anecdotal evidence of fracking suggests that it might cause water pollution or subsidence, but the scientific evidence to support this proposition is not yet in place. This paper examines the actions of the UK and Dutch governments toward fracking. Although both governments have adopted the precautionary principle into national law, neither has directly invoked it in the field of fracking, relying instead on more conventional scientific understandings of risk. In line with other papers in Science and Public Policy, this article provides a comparative analytical analysis of scientific policy regulation. It does so by arguing that while notionally subscribed to the precautionary principle, the UK and Dutch authorities have been reluctant to use it.

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This paper examines the correlates of state policies designed to mitigate prospective environmental impacts associated with U.S. oil and gas drilling (fracking operations). I found that policy decisions are especially influenced by political factors such as the partisan orientations of the statewide electorate and the ideological makeup of state voters as well as economic resource variables such as the generation of revenue from severance taxes. Less important in accounting for variation in state fracking policies are socioeconomic characteristics such as median educational attainment and per capita income and general indicators of a state's prior receptivity to the enactment of environmental programs.

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Evolving air emissions regulation presents a serious compliance challenge for all oil and gas operators in the United States of America. In Appalachia, a legacy producing region, the rapid development of the Marcellus and Utica shales has led to a rapid expansion of operations across the states of Pennsylvania, West Virginia, and Ohio. Driven by this unprecedented development, increased public pressure, and lawsuits, new regulatory programs are being developed at both the state and federal levels. This article discusses the evolving air regulations impacting operators in the region and how operators can implement an air emissions management system to help them stay compliant.

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In this article, we review recent scholarship on fracking vis-à-vis the crosscutting problems of authority, resistance, and knowledge production. A focus on the sociocultural context within which hydraulic fracturing occurs and is made sense of in the United States provides us an opportunity to show gaps in understandings and propose further research to address them. Additionally, our focus on the US context demonstrates the importance of the historically particular and place-specific nature of resource extraction for understanding fracking as a social process. We argue that factors such as race, history, and colonialism are mobilized or obscured differently by scholars and local actors in order to establish and contest power as well as produce knowledge about fracking. Finally, we are interested in how to make better conceptual use of the future and emerging local debates amongst frontline actors. For further resources related to this article, please visit the WIREs website.

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This study addresses the regulation of shale gas development in the European Union, the role of the European Parliament in the formation of such regulation, and the factors that are associated with legislative behavior in the Seventh European Parliament. I test hypotheses about the influence of member state-level characteristics related to the benefits and risks of shale gas such as economic development, decarbonization, energy security, and environmental protection. The results show that the member state-level characteristics are weakly related to the voting behavior of members of the European Parliament. Only one seems especially salient: greenhouse gas emissions intensity. Party cohesion among European political groups holds greater explanatory power, suggesting that the most influential factors are ideological rather than provincial. The EP's role as a force for environmental protection in the EU may be moderated by member state interests and the competencies justifying supranational energy policy. Highlights * The EP has rejected language both calling for moratoria and supporting high shale gas production. * Party cohesion is the strongest factor associated with roll call votes on shale gas. * MEPs may also be influenced by the potential for decarbonization.

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This article provides a critique of the UK government's regulatory response to ‘fracking’. It shows how government has adopted two distinct schemas of regulation, which may usefully be classified under the headings ‘regulatory domain’ and ‘regulatory dexterity’. These schemas rely on very different interpretive conventions and are in many ways contradictory. Yet, government uses both ‘domain’ and ‘dexterity’ arguments simultaneously in order to advance its policy in favour of fracking. The article explains how two seemingly different regulatory approaches work together towards the same policy goal, and highlights the role of law in facilitating technological development.

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We review the economic benefits and external costs of unconventional gas production (UCG) in the United States from a policy perspective. Based on an overview of state regulation in Pennsylvania, a state that has witnessed very rapid growth of gas production over the past 5 years, and global experiences we present 10 key principles that are proposed to reduce the risks and to increase the net rewards of UCG. Application of these principles has the potential to reduce the risks of UCG, especially at a local level, while maximizing the benefits of gas developments.

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Given citizen concerns about damages that can accompany unconventional oil and gas development, some municipal governments have enacted zoning ordinances. Through a comparison of all municipalities to those with at least one oil or gas well, we examine factors that affect the adoption of local zoning laws by municipalities in Pennsylvania and find that lower educational levels, higher population densities, and higher incomes increase the likelihood of the municipalities endorsing zoning laws. A second analysis of spatial well data from the Pennsylvania Department of Environmental Protection provides insights on factors associated with a higher density of wells and points out that municipalities with county zoning have a higher well density. Through an examination of the numbers of unconventional and conventional well types in municipalities, we find that higher incomes and education are associated with more horizontal drilling.

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The use of hydraulic fracturing (fracking) and horizontal drilling technologies for recovering unconventional hydrocarbons (oil and gas) has created issues concerning the rights of property owners, energy companies, and others involved with the development and distribution of these resources. Constitutional provisions, legislative statutes, and jurisprudence on liability in the United States and Germany affect rights to oil and gas resources and the profitability of developing these resources. Legal rules for trespass, the rule of capture, pooling, unitization, and municipal fracturing bans circumscribe property rights associated with shale gas development in the United States. Germany, until setting up a specific, long-term legal regime on hydraulic fracturing, will rely on existing mining, water, and environmental legislation (as most recently modified). The evaluation of the law and jurisprudence governing unconventional hydrocarbon development in the U.S. and Germany discloses perceptions and expectations that contribute to widespread extraction in the U.S. while Germany contemplates the safety of allowing hydraulic fracturing.

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Regulatory inspection and violation reports provide insight into the impact of natural gas extraction on the surrounding environment, human health, and public safety. Inspection reports for natural gas wells in Pennsylvania were collected from the Pennsylvania DEP Compliance Report from 2000 to 2014. Analysis of 215,444 inspection records for 70,043 conventional and unconventional wells was conducted in order to compare the odds of violations occurring under different circumstances. Logistic regression models were used to estimate the probability of violations occurring for both conventional and unconventional wells. When inspected, conventional wells had 40% higher odds of having a violation. However, unconventional wells had higher odds for environmental violations related to waste discharge as well as cementing and casing failures. Large operators had 40% lower odds of having any violation than smaller operators. While larger operators had fewer violations, a few of the largest companies had rates of violation much higher than the average for all operators, with some reaching violation rates as high as 1 in 4 active wells. A well also has a higher chance of being in violation if it is in the first year (85%) or second year (109%) since its spud date.

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Despite growing concerns over the potential for hydraulic fracturing to impact drinking water resources, there are limited data available to identify chemicals used in hydraulic fracturing fluids that may pose public health concerns. In an effort to explore these potential hazards, a multi-criteria decision analysis (MCDA) framework was employed to analyze and rank selected subsets of these chemicals by integrating data on toxicity, frequency of use, and physicochemical properties that describe transport in water. Data used in this analysis were obtained from publicly available databases compiled by the United States Environmental Protection Agency (EPA) as part of a larger study on the potential impacts of hydraulic fracturing on drinking water. Starting with nationwide hydraulic fracturing chemical usage data from EPA's analysis of the FracFocus Chemical Disclosure Registry 1.0, MCDAs were performed on chemicals that had either noncancer toxicity values (n=37) or cancer-specific toxicity values (n=10). The noncancer MCDA was then repeated for subsets of chemicals reported in three representative states (Texas, n=31; Pennsylvania, n=18; and North Dakota, n=20). Within each MCDA, chemicals received scores based on relative toxicity, relative frequency of use, and physicochemical properties (mobility in water, volatility, persistence). Results show a relative ranking of these chemicals based on hazard potential, and provide preliminary insight into chemicals that may be more likely than others to impact drinking water resources. Comparison of nationwide versus state-specific analyses indicates regional differences in the chemicals that may be of more concern to drinking water resources, although many chemicals were commonly used and received similar overall hazard rankings. Several chemicals highlighted by these MCDAs have been reported in groundwater near areas of hydraulic fracturing activity. This approach is intended as a preliminary analysis, and represents one possible method for integrating data to explore potential public health impacts.

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This paper addresses change in oil and gas policies pushed by the U.S. Bureau of Land Management (BLM) during the administrations of Presidents George W. Bush and Barack Obama. Administrative policy changes occurred not only because of election outcomes and the emergence of new governing coalitions but BLM's selective utilization of policy tools such as rulemaking, planning, environmental impact analyses, and the use of discretionary authority to increase or relax enforcement decisions. The data reveal that BLM put more emphasis on the use of discretionary authority to limit environmental inspections and to limit environmental reviews of proposed drilling projects under Bush while agency officials gave priority to adopting new planning procedures to allow greater stakeholder input under Obama as well as increasing the number of environmental inspections.

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Contemporary shale gas extraction, also known as ‘fracking’, has become one of the most contentious environmental issues facing Europe and North America. Academic and policy debates have hitherto focused principally on questions related to scientific disputes, risk perception, potential health impacts, and the wider economic and geo-political dimensions to energy security. This paper draws on extensive qualitative research in Texas and Lancashire, undertaken between 2012 and 2015, to explore how differing regulatory frameworks are shaped through highly localized discourses that include communities opposed to fracking. Whilst there are significant differences between these two examples, including the extent of environmental monitoring, the local context remains a pivotal arena within which the regulatory and technical dimensions to fracking are being contested and scrutinized. The two cases illustrate how community opposition has catalysed important processes that have enhanced understanding of the environmental and social impacts of shale gas extraction.

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Well-resourced and well-connected individuals, or “policy entrepreneurs,” often play an important role in advocating and securing the adoption of policies. There is a striking lack of inquiry into the ways that social networks shape the ability of these actors to achieve their aims, including the ways in which network ties may channel policy conflict. To address these gaps, we analyze data from an original survey and an original database of policies to assess the success of policy entrepreneurs (PEs) active in a highly contentious arena: municipal policymaking concerning high-volume hydraulic fracturing (HVHF) in New York. We use text-mining to collect social network data from local newspaper archives, then use those data to construct municipal HVHF policy networks. Municipal anti-HVHF PEs appear more successful when they operate in less cohesive networks, act as bridges to relative newcomers to the governance network, and have a larger number of network connections. Pro-HVHF PEs appear more successful when they can forge high-value connections to key decision makers. Policy entrepreneurs on both sides of the issue are more successful when they have a greater number of sympathetic coalition partners.

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Problem, research strategy, and findings: The practice of horizontal high-volume hydraulic fracturing (fracking) has become widespread in many areas of the United States, yet the regulatory landscape for local governments is highly variable and legally uncertain. We do not have a clear idea of what fracking-related policies local governments are adopting, nor how factors such as local government capacity influence policy adoption. We survey 140 local government officials in shale gas drilling areas in four states: Colorado, Louisiana, North Dakota, and Pennsylvania. We first identify the most common policies local governments use to address fracking and investigate the influence of different types of local capacity on adoption of policies to address fracking. We find that although most communities have not adopted many fracking regulations, higher-capacity communities and those who have experienced a fracking-related accident are more likely to adopt stricter regulations. Local officials are concerned that they lack capacity to address fracking. Our survey asks whether a respondent community did not adopt a policy for legal reasons or other reasons, but did not delve into what those other reasons for non-adoption might be. Our response rate for Louisiana was very low.Takeaway for practice: Local governments appear to have at least some legal room to adopt fracking policy, yet most have not done so proactively. Investing in capacity building in the form of technical assistance or training for local officials would help communities decide how they wish to address fracking from a policy standpoint without waiting for the catalyst of a fracking-related industrial accident.

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This article assesses the regulatory response to fracking by Saskatchewan, Canada's second largest oil-producing province. Public officials and industry representatives claim fracking regulations are “comprehensive” and “robust”; however, there has been no comparative assessment of this claim. To address this gap, we outline the dominant regulatory pathways of U.S. states and Canadian provinces, ranging from applying existing regulations with minimal revisions, to enacting broader revisions or bans. We account for this variation using a framework from Davis () emphasizing governments’ dependence on the oil sector, the level of support for fracking among elected officials and policy makers, and the influence of key “constituencies.” The article then traces the growth and impact of fracking in Saskatchewan and analyzes new trends in the province's regulation of fracking. Given the province's application of existing regulations with minimal revisions and active weakening of enforcement, we identify Saskatchewan as taking Rabe and Borick's () “conventional” regulatory approach, typical of Davis's “energy dominant” states.

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Drawing from the Critical Discourse Analysis and Cultural Sociology of Space frameworks, this empirical analysis explores the discursive struggle between stakeholders of divergent viewpoints as they respond to the newfound spatial proximity of oil and gas extraction to homes and schools in suburban residential areas on Colorado's northern Front Range. Through an analysis of media, policy-making, and neighborhood meeting discourse, this study examines the social construction of space through policy narratives and regional debates about the American West's relationship to extractive industries. Results reveal that the discursive struggle over suburban drilling hinges upon the question of whether industrial activities belong in residential areas and is carried out through competing policy narratives that invoke differing (spatial versus aspatial) policy solutions. The deliberative quality of these policy narratives is constrained by existing spatial policy practices and further constrains democratic engagement.

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Unconventional oil and gas development (UOGD) has recently become the subject of much research. However, neglected during this effort are the leases signed between landowner and industry that act as the foundation for development and may influence the distribution and intensity of associated impacts. These leases amount to an inscribed collection of rules and practices that define a wide variety of conditions related to development. The temporal and geographic distribution of lease terms may directly influence a number of phenomena of interest to scholars studying UOGD. In order to advance research on the subject, we (1) describe and outline research topics that could be addressed by applying social science methods to the analysis of leases and specific lease provisions, (2) discuss challenges and strategies for data collection and (3) review policy implications of lease related research.

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The public is concerned that activities accompanying hydraulic fracturing in the development of shale gas resources are unnecessarily adversely affecting them and the environment and is petitioning elected representatives to take actions to reduce risks. The health risks associated with fracturing chemicals and air pollutants are relatively unknown and constitute the impetus for public concern. An evaluation of state legal and regulatory provisions regarding best management practices discloses that states are not adopting timely regulations to protect people and the environment from activities accompanying hydraulic fracturing. Simultaneously, regulatory policy concerning negative externalities suggests that governments underinvest in the protection of human health and environmental quality. Governments have choices in protecting people from dangers that accompany shale gas development. Due to the risks of injuries and unpaid damages from shale gas development, governmental policies need to evolve to accord people greater health protection.

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Background: There is an increasing awareness of the multiple potential pathways leading to human health risks from hydraulic fracturing. Setback distances are a legislative method to mitigate potential risks. Objectives: We attempted to determine whether legal setback distances between well-pad sites and the public are adequate in three shale plays. Methods: We reviewed geography, current statutes and regulations, evacuations, thermal modeling, air pollution studies, and vapor cloud modeling within the Marcellus, Barnett, and Niobrara Shale Plays. Discussion: The evidence suggests that presently utilized setbacks may leave the public vulnerable to explosions, radiant heat, toxic gas clouds, and air pollution from hydraulic fracturing activities. Conclusions: Our results suggest that setbacks may not be sufficient to reduce potential threats to human health in areas where hydraulic fracturing occurs. It is more likely that a combination of reasonable setbacks with controls for other sources of pollution associated with the process will be required.

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Health impact assessments (HIAs) across the globe may be used by governments and industries to secure approval for unconventional gas extraction developments. HIA is an umbrella term that covers an array of health review and assessment practices, ranging from the very general to quite specific and technical health studies. Our concern in this paper is principally with the specialist end of the HIA continuum and particularly its application to unconventional gas extraction in the UK. We outline the context within which HIAs in unconventional gas extraction may be conducted. We then explain what HIAs may do. HIAs are often commissioned from consultancy companies to assess unconventional gas extraction project risks and benefits and propose mitigation measures. Communities can rarely afford HIAs in the planning process and may consider them biased when commissioned by vested interests. The oil and gas industry uses these techniques for its own ends. Hiring experts, be they specialist consultants, researchers, lobbyists, ex-government officials, or regulators, to influence planning and regulation is a well-tried tactic and structural advantage exploited by industry in seeking license to operate. Equitable and ethical HIA principles are urgently needed in the UK in relation to unconventional gas to secure the integrity and probity of the emerging regulatory system and address concerns regarding unregulated practitioners.

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A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush's Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The Executive Order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found that during rule making proceedings, EO 13211 had almost no effect on environmental and conservation actions taken by federal agencies. Most federal agency rules, both proposed and final, evaluating energy impacts pursuant to EO 13211 found no “significant energy action” and accordingly did not necessitate further regulatory review. In most cases, energy evaluation was routine, did not alter environmental or health policy and was reflected in brief, boilerplate language.

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Twenty-eight states require disclosure of hydraulic fracturing chemicals. Twenty-three states direct reporting to FracFocus; additionally, companies in other states use this registry. FracFocus contains the most comprehensive dataset on fracturing chemicals but faces data quality and transparency criticisms. In response, FracFocus announced upgrades, and since May 2015, publishes aggregated data. We used Linux and R version 3.2.0 to clean and analyze 96,449 forms submitted between March 9, 2011 and April 13, 2015 for accuracy, completeness, and timeliness. We characterize data, and compare results to state law and industry practice, to suggest how to induce more accurate and complete disclosures. We find that rates of withheld chemical information have increased since 2013, and appear unaffected by different legal requirements. However, when companies report fracturing chemicals without attribution to the specific products in the fracturing fluid (a “systems approach” to reporting), withholding rates drop four-fold. State deadlines shortened reporting timelines, but compliance rates are low absent indication states will enforce. Automatic field population and prompts in FracFocus can reduce data error, while enforcement signals, education, and harmonized requirements may boost compliance and enhance disclosure. Systems reporting should occur, with states retaining authority to request product-specific ingredient lists.

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APPEA

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Local-scale government ordinances that attempt to delay or displace oil and gas drilling in their territories are common in regions with hydrocarbon extraction activities. Drawing on literature from policy mobilities and resource and energy governance, this paper analyzes policymaking processes that resulted in a December 2013 ordinance in Dallas, Texas, which established a 1500 foot (457.2 meter) setback between gas wells and residences, making drilling (with hydraulic fracturing) nearly impossible. Dallas was not the first city in the region to adopt an oil and gas drilling ordinance; indeed, many regulatory provisions were copied from other regional cities. This paper explains policy mobility in the Dallas policymaking process in terms of anti-political practices and hydrocarbon institutions that, overall, determine neoliberal hydrocarbon governance. City governments cede some of the political process to gas drilling task forces that work to render setbacks technical. Legal classification of subsurface hydrocarbons as the mineral estate creates a legal gray area that confounds municipal regulatory authority and gives discursive power to mineral owners to threaten municipal officials with lawsuits. Both of these anti-political strategies encouraged selective copying and morphing of other policy provisions by the Dallas city government. Adopting longer municipal setback distance regulations represents a type of contestation of neoliberalism situated between complete deregulation and overt opposition.

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Over the last decade, domestic oil and gas production has increased dramatically because of advancements in the technologies associated with hydraulic fracturing and horizontal drilling. This boom generated a wave of new state laws and regulations, especially addressing disclosure of fracturing chemicals. In 2011 the chemical disclosure registry FracFocus.Org was launched to provide well-by-well chemical information to the public. Many states adopted FracFocus for chemical reporting. In 2013, Harvard Law School researchers issued a report concluding that FracFocus “fails as a regulatory compliance tool.” The report made serious criticisms regarding the utility of the registry; however, the report was incomplete because its authors never interviewed state regulators. This paper remedies that oversight. We surveyed regulators in twenty oil and gas producing states to determine how they view and are using FracFocus. The results contradict the most crucial claims of the Harvard report and indicate that states are quite positive about FracFocus and are using it in novel ways that go beyond the registry's original purpose. This paper represents the first comprehensive survey of state regulators and the first attempt to obtain a data-driven analysis of how FracFocus is being used and whether it is effective as a regulatory tool.

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Governments enact laws to protect their citizens. With the advent of hydraulic fracturing, local governments have asserted themselves by adopting laws delineating management practices to augment health and safety. Drilling firms inconvenienced by local laws espoused new state legislation to preempt time-consuming localized requirements. In Pennsylvania, the state legislature preempted local governance of fracturing activities in 2012, but a court subsequently ruled the state preemption provisions unconstitutional. An analysis of drilling activity before, during, and after the adoption of Pennsylvania’s preemption suggests that local governance does not curtail drilling activity. The benefits of preemption need to be balanced with the democratic ideals represented by local governance and the possible need for additional management practices to reduce negative externalities.

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The development of shale gas resources in the United States has been controversial as governments have been tardy in devising sufficient safeguards to protect both people and the environment. Alleged health and environmental damages suggest that other countries around the world that decide to develop their shale gas resources can learn from these problems and take further actions to prevent situations resulting in the release of harmful pollutants. Looking at U.S. federal regulations governing large animal operations under the permitting provisions of the Clean Water Act, the idea of a permitting program is proposed to respond to the risks of pollution by shale gas development activities. Governments can require permits before allowing the drilling of a new gas well. Each permit would include fluids and air emissions reduction plans containing best management practices to minimize risks and releases of pollutants. The public availability of permits and permit applications, as occurs for water pollution under various U.S. permitting programs, would assist governments in protecting public health. The permitting proposals provide governments a means for providing further assurances that shale gas development projects will not adversely affect people and the environment.

Abstract:
Hydraulic fracturing and related ground water issues are growing features in public discourse. Few have given much attention to surface impacts from shale gas development, which result from building necessary surface infrastructure. One way to reduce future impacts from gas surface development without radically changing industry practice is by formulating simple, conservation-oriented planning guidelines. We explore how four such guidelines affect the locations of well pads, access roads, and gathering pipelines on state lands in Pennsylvania. Our four guidelines aim to (1) reduce impacts on water, reduce impacts from (2) gathering pipelines and (3) access roads, and (4) reduce impacts on forests. We assessed whether the use of such guidelines accompanies tradeoffs among impacts, and if any guidelines perform better than others at avoiding impacts. We find that impacts are mostly synergistic, such that avoiding one impact will result in avoiding others. However, we found that avoiding forest fragmentation may result in increased impacts on other environmental features. We also found that single simple planning guidelines can be effective in targeted situations, but no one guideline was universally optimal in avoiding all impacts. As such, we suggest that when multiple environmental features are important in an area, more comprehensive planning strategies and tools should be used.

Abstract:
Development of shale gas entails environmental risk, particularly with respect to water resources, and stakeholders are keen to assess such risks before making development decisions. We focus on Pennsylvania, USA and the Marcellus Shale, the most productive shale play in the country. We examine compliance data recorded by the state regulatory agency in order to assess environmental risks and their trends and drivers over time. Overall, we track 3267 shale gas violations, noting that environmental violation rates increase from 2007 to 2009, remain high through 2010, and then drop in 2011 and thereafter. Violations related to spills and erosion were most commonly issued. A single change in policy resulted in a 45% decrease in environmental violation rates. Furthermore, for every 1% increase in wells drilled per inspections conducted, there was a 0.56% decrease in environmental violation rates. Similar effects were not found for administrative violations. Operator identity, price of gas, and other major policies were not significantly correlated with violation rates. In comparing conventional and shale gas extraction compliance we found that shale gas development entails more risk related to spills and solid waste management, while conventional development entails more risk associated with cementing and casing issues, and site restoration.

Abstract:
This article discusses how local governments, in three different countries, challenge higher levels of government’s decision making that enables hydraulic fracturing, and it explores how these higher levels of government should respond. The article finds that in those countries where at the local level, authorities have regulatory powers in the field of planning and the environment, such as the USA, the UK and the Netherlands, these powers indeed can and are used to limit or completely ban high-volume hydraulic fracturing. In these countries, however, higher levels of government are or have been putting legislation in place taking away or overruling local regulatory powers for reasons of national energy security. The article concludes that (1) setting and applying effective environmental protection standards, (2) involvement of local government and (3) meaningful participation of local communities are keys to responsible decision-making on hydraulic fracturing.

Abstract:
The quality and availability of unconventional oil and gas (O&G) data in the United States have never been compared methodically state-to-state. By conducting such an assessment, this study seeks to better understand private and publicly sourced data variability and to identify data availability gaps. We developed an exploratory data-grading tool - Data Accessibility and Usability Index (DAUI) - to guide the review of O&G data quality. Between July and October 2013, we requested, collected, and assessed 5 categories of unconventional O&G data (wells drilled, violations, production, waste, and Class II disposal wells) from 10 states with active drilling activity. We based our assessment on eight data quality parameters (accessibility, usability, point location, completeness, metadata, agency responsiveness, accuracy, and cost). Using the DAUI, two authors graded the 10 states and then averaged their scores. The average score received across all states, data categories, and parameters was 67.1 out of 100, largely insufficient for proper data transparency. By state, Pennsylvania received the highest average ( = 93.5) and ranked first in all but one data category. The lowest scoring state was Texas ( = 44) largely due to its policy of charging for certain data. This article discusses the various reasons for scores received, as well as methodological limitations of the assessment metrics. We argue that the significant variability of unconventional O&G data—and its availability to the public—is a barrier to regulatory and industry transparency. The lack of transparency also impacts public education and broader participation in industry governance. This study supports the need to develop a set of data best management practices (BMPs) for state regulatory agencies and the O&G industry, and suggests potential BMPs for this purpose.

Abstract:
Despite the abundance of federal and state legislation intended to regulate hydraulic fracturing, numerous studies indicate that there are gaps in these efforts.

Abstract:
State officials responsible for the regulation of hydraulic fracturing (fracking) operations used in the production of oil and gas resources will inevitably confront a key policy issue; that is, to what extent can statewide regulations be developed without reducing land use autonomy typically exercised by local officials? Most state regulators have historically recognized the economic importance of industry jobs and favor the adoption of uniform regulatory requirements even if these rules preempt local policymaking authority. Conversely, many local officials seek to preserve land use autonomy to provide a greater measure of protection for public health and environmental quality goals. This paper examines how public officials in three states?Colorado, Pennsylvania, and Texas?address the question of state control versus local autonomy through their efforts to shape fracking policy decisions. While local officials within Texas have succeeded in developing fracking ordinances with relatively little interference from state regulators, Colorado and Pennsylvania have adopted a tougher policy stance favoring the retention of preemptive oil and gas statutes. Key factors that account for between state differences in fracking policy decisions include the strength of home rule provisions, gubernatorial involvement, and the degree of local experience with industrial economic activities.

Abstract:
A broad assessment is provided of the current state of knowledge regarding the risks associated with shale gas development and their governance. For the principal domains of risk, we identify observed and potential hazards and promising mitigation options to address them, characterizing current knowledge and research needs. Important unresolved research questions are identified for each area of risk, however, certain domains exhibit especially acute deficits of knowledge and attention, including integrated studies of public health, ecosystems, air quality, socioeconomic impacts on communities, and climate change. For these, current research and analysis are insufficient to either confirm or preclude important impacts. The rapidly evolving landscape of shale gas governance in the U.S. is also assessed, noting challenges and opportunities associated with the current decentralized (state-focused) system of regulation. We briefly review emerging approaches to shale gas governance in other nations, and consider new governance initiatives and options in the U.S. involving voluntary industry certification, comprehensive development plans, financial instruments, and possible future federal roles. In order to address the multiple disciplines and complexities of the evolving shale gas system and reduce the many key uncertainties needed for improved management, a coordinated multiagency federal research effort will need to be implemented.

Abstract:
With increased drilling for natural gas, toxic chemicals used to fracture wells have been introduced into the environment accompanied by allegations of injuries. This article evaluates laws and regulations governing shale gas production to disclose ideas for offering further protection to people and the environment. The aim of the study is to offer state governments ideas for addressing contractual obligations of drilling operators, discerning health risks, disclosing toxic chemicals, and reporting sufficient information to detect problems and enforce regulations. The discussion suggests opportunities for state regulators to become more supportive of public health through greater oversight of shale gas extraction.

Abstract:
The development of natural gas and oil from unconventional formations in the United States has grown substantially in recent years and has created governance challenges. The successes and failures of governance efforts in this country serve as important lessons for other nations that have their own unconventional petroleum resources and are beginning to move forward with development, thus calling for a more in-depth examination of the laws governing shale gas development and their implementation. Governance includes both the substance of laws and the activities of institutions that implement and influence laws, and in the case of oil and gas, states are primarily responsible for addressing risks. Nongovernmental actors and industry also work with states to shape and implement regulations and standards. This Policy Analysis introduces the role of various actors in U.S. shale gas governance, explaining why the states are primarily responsible for risk governance, and explores the capacity of states to conduct governance, examining the content of their laws and the strength of their institutions. The Analysis concludes that states are, to a degree, addressing the changing risks of development. Substantial gaps remain in the substance of regulations, however, and many states appear to lack adequate support or policies for training industry in compliance matters, monitoring activity at well sites, issuing violations, and ensuring that the public is aware of inspections and enforcement.

Abstract:
This paper investigates the beliefs and framing strategies of interest groups during a period of policy change and the factors explaining policy change. We develop propositions to explore questions concerning policy change primarily from the advocacy coalition framework as well as from other theorie. The propositions are tested by examining the promulgation of a Colorado regulation requiring the disclosure of chemicals used in hydraulic fracturing. Using coded data of documents published by organizations involved in the rulemaking process, we find divergence between industry and environmental groups on their beliefs concerning hydraulic fracturing, as well as their portraying themselves and each other as heroes, victims, and villains, but some convergence on their more specific beliefs concerning disclosure of chemicals. Interviews point to the importance of policy entrepreneurs, timing, a negotiated agreement, and learning for explaining policy change. The findings provide both theoretical and methodological insights into how and why policy changes.