Drilling Into Hydraulic Fracturing and Shale Gas Development: A Texas and Federal Environmental Perspective

This Article will first discuss the existing federal laws and regulations and proposed federal laws that apply to hydraulic fracturing activities as well as current studies and enforcement actions concerning the same. This Article will then discuss Texas statutes and regulations and various activities that are currently being pursued by the regulatory agencies that govern shale gas exploration in Texas. With respect to local matters, this Article will also briefly consider municipal regulation of the industry. With the rapid growth of shale gas exploration as a result of hydraulic fracturing, increased litigation has likewise grown.

Finally, this Article will also review recent litigation trends that relate to hydraulic fracturing, including an analysis of the typical claims asserted as well as the key applicable defenses under Texas law.