Growth of hydraulic fracturing, or "fracking," and use of natural gas found in shale is one of the hottest topics in environmental and energy law.
The technological advances in drilling, combined with the abundance of natural gas in shale deposits, has led to a boom in shale gas drilling. But with unprecedented growth, the law oftentimes struggles to keep up.
The Shale Energy Revolution: A Lawyer's Guide explains the nature of the shale gas boom and analyzes the various issues, regulations, and lawsuits associated with shale gas drilling. At 189 pages, it is not a long read, yet packs the most important information attorneys need to know when practicing shale energy law.
Edited by Barclay R. Nicholson and Sarah K. Casey, The Shale Energy Revolution is divided into four topical chapters, each written by experienced energy law practitioners who are members of the ABA Section of Litigation's Environmental & Energy Litigation Committee. Each well-documented chapter covers one main issue regarding shale energy development:
- General characteristics of shale plays
- Common litigation issues, environmental impacts, and regulations relating to shale plays, horizontal drilling, and hydraulic fracturing
- Common contractual disputes
- Water rights and their impact on shale gas development
This book provides an instructive background for those who may not be familiar with energy law, while providing in-depth information for those who are. For example, the book begins with an explanation of the general characteristics of areas, or plays, in which shale is found. While attorneys may be quite experienced with the legal aspects of oil and gas issues, a detailed summary of how shale plays actually work is extremely helpful when discussing a case with a client, whether that case be a contract dispute or a tort claim. This information is written so that those without a petroleum engineering degree can understand.
Contractual and regulatory issues related to shale plays, horizontal drilling, and hydraulic fracturing are also covered. Issues that arise in traditional oil and gas leasing and vertical drilling, such as chain of title issues, incorrect legal descriptions, condemnation issues, and subsurface trespass issues, also arise in horizontal drilling and shale plays. A useful summary of common litigation issues is included for discussion.
For example, when drilling horizontal wells, how does the common notion of vertical land ownership come into play? What kind of environmental impacts can be expected in which states? What kind of regulatory issues can I expect with shale wells, horizontal wells, or fracked wells? While The Shale Energy Revolution cannot answer all of these questions, as research, analysis, legislation, and litigation is ongoing, the book makes the practitioner aware of the issues he or she needs to consider.