Legal Issues in Hydraulic Fracturing

Legal Issues in Hydraulic Fracturing

This study provides a comprehensive elaboration of the legal implications of hydraulic fracturing. Moreover, it reviews the environmental issues associated with the process of hydraulic fracturing. The role of hydraulic fracturing in the United States energy needs is also reviewed. Some of the environmental issues raised concerning the process include ground water contamination, chemical implications as well as air contamination. The legal issues handled include the absence of adequate regulations within the national environmental laws framework that govern hydraulic fracturing (Tiemann, & Vann, 2011).

Legal issues

The current trends in the federal regulatory process, in the country are contained in the underground injection control program. However, the legal framework fails to articulate the requirements for the hydraulic fracturing activities clearly. This exemption at the national level allows for the continued use of a process that has negative implications t the environment. On several accounts, proposed legislation on the amendment of the laws that affect the process of fracturing has been rejected at the congress level. The Fracturing and Responsibility Awareness Act has been rejected on different occasions for about four years. However, at the state level there are states that have a framework responsible for regulation of underground injection of fluids (Tiemann & Vann, 2011).

However, through the EPA the federal government has been able to articulate issues pertaining diesel fracking. Moreover, there is a legal requirement that dictates that the fluids used must be declared to the public. The chemicals such as biocides, viscosifiers and the foaming agents should be clearly stated. The disclosure rules vary from state to state. Some companies may fail to comply with the full disclosure whilst protecting their trade secrets. Misrepresentation of information in that case is highly likely. The legal debate across the country concerning hydraulic fracturing should focus on the establishment of new restrictions that seek to protect the public as well as the environment (Craddock, 2012).

Environmental issues

Hydraulic fracturing process requires the use of pressurized fluids to create fractures on the earth. This process is used in the creation of veins in different mining processes. Even with the advantage of enlarging the mining area and the obtained natural resources, a number of concerns have been raised regarding its use. The technique involves pumping of high-pressure fluids into the rocks to be fractured. The fluid pumped contains several chemicals that might be destructive to ground water. This has resulted to contamination concerns of the process. Moreover, the demand for water during the drilling process is exceptionally high. In arid and semi-arid areas, the use of this technique significantly reduces the amount of surface water altering the ecosystem of an area. The detrimental effects of hydraulic fracturing to both ground and surface water have been reviewed through many scholarly works (Tiemann, & Vann, 2011).

Water: From this research, it is evident that the volumes of water used during fracturing without its recycling can result to alteration of the microclimate of an area. Moreover, the chemicals pumped into the ground water find their way to the consumption tanks of the public.