Hydraulic Fracturing and the Baseline Testing of Groundwater

This article discusses some of the legal and practical issues relating to baseline testing of groundwater and the rules designed to encourage or require such testing. Part I of the article discusses basic background material why this issue is important, what fracturing is and why it is used, the basic types of fracturing, why it can be challenging to determine the cause of alleged contamination, and why baseline testing might help. Part II examines different approaches to increasing the use of baseline testing, including regulations that require such testing and legislation that creates presumptions that provide incentives to conduct such testing. Part III reviews some of the issues that will need to be decided by the individual states adopting baseline testing requirements.

After a brief conclusion, an appendix describes thebaseline testing rules of the states that have adopted such rules.