Environmental science & technology
-
Environ. Sci. Technol. · Jan 2014
Substate federalism and fracking policies: does state regulatory authority trump local land use autonomy?
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. ⋯ 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.
-
Environ. Sci. Technol. · Jan 2014
Shale play politics: the intergovernmental Odyssey of American shale governance.
Intergovernmental responsibility for policy development for shale gas is concentrated primarily at the state level, given multiple statutory and political constraints on potential federal engagement. This opens the question of how a large subset of American states might craft shale policies, amid competing scholarly views on the commitment of states to environmental protection when energy development opportunities arise in the absence of applicable federal authority. The article examines recent trends in state political economy that may shape policy development and capacity, considers the heterogeneous pattern of policy emerging thus far, and draws preliminary lessons from the very small set of states that have enacted far-reaching new state legislation. It also offers early discussion of cross-border issues that may trigger multistate, regional, or ultimately federal engagement as well as growing signs of volatility in policy development in some states.