Hydraulic fracturing (fracking), a process used by the oil and gas industry for more than 60 years, has attracted the national spotlight. By injecting fluids and other materials into existing wells, fracking extends oil and natural gas production and allows for recovery from otherwise impenetrable tight shale formations. However, recent concerns over air, groundwater and soil contamination have prompted EPA, state regulators and environmental groups to call for renewed scrutiny of the practice. Given the growing reliance on natural gas, any changes to the political, legal and regulatory landscape will have a significant impact on the industry and the nation.
Arnold & Porter attorneys have a long history of counseling energy companies on regulatory compliance and defending their interests in enforcement proceedings and litigation. Our regulatory experience covers all the US federal statutes governing fracking, including the Clean Air Act, Clean Water Act, Safe Drinking Water Act, TSCA, CERCLA, and RCRA. We have represented clients before the EPA and other government agencies in seeking and securing regulatory interpretations and clarifications, and commenting upon proposed rulemakings.
Nearly every member of our environmental practice group is an experienced litigator; many have handled major US federal court and administrative cases involving significant environmental claims. Our team has comprehensive experience in RCRA citizen suits, federal and state enforcement cases (both civil and criminal), permitting cases, toxic tort lawsuits, and Superfund and other administrative or judicial proceedings relating to contaminated sites throughout the country.
Recognizing that much of the activity surrounding fracking is occurring at the state level, Arnold & Porter is actively tracking emerging legal, legislative and regulatory developments. For more information, please see our Hydraulic Fracturing Regulatory Chart or our Case Chart.
For more information on fracking legal issues, please contact Lawrence Culleen, Michael Daneker, Matt Douglas, Jonathan Martel or Lester Sotsky.
To receive updates on legal developments related to fracking, or to tell us about an additional pending or decided case to add to the chart, please contact Leigh Logan, leigh.logan@aporter.com.