Thursday, May 29, 2014
Earlier this week, EnergyWire had a nice article discussing the early stages of a promising project, coordinated by Prof. John Nolon, at Pace Law School's Land Use Law Center and the Yale Center for Environmental Law & Policy. The project is taking a bottom-up approach to finding best practices for local governments facing oil and gas development through hydraulic fracturing. From the article:
Legal scholars are embarking on a project to bridge a regulatory gap that has pushed many municipalities to ban hydraulic fracturing within their borders.
Rather than booting out the oil and gas industry altogether, the Pace Law School Land Use Law Center and the Yale Center for Environmental Law & Policy are proposing a solution that would merge community and industry interests to buffer residents from drilling's negative impacts while allowing them to reap its economic benefits.
"It appears that fracking is going to be going forward in most states, and in most states there are a lot of impacts of fracking that are not going to be regulated by the state agency or by the federal government," said John Nolon, a professor at Pace Law School. "So those are impacts that local governments are going to feel."
View the entire article here.
This sounds like a great--and much needed--project in itself. It also is illustrative of how land use clinics have tremendous power to help local governments both in a case-specific context and also by sharing knowledge in a way that helps multiple communities across a state and, perhaps, across the country. This new project on fracking at Pace and Yale is certain to find a welcome audience in local governments across the country.
Stephen R. Miller