Air And Water Woes In The Marcellus Shale

Law360, New York (September 1, 2011, 1:17 PM EDT) -- Legal activity concerning hydraulic fracturing in the Marcellus Shale has largely focused on actions by state and federal regulatory agencies to regulate, restrict or otherwise oversee such activities. Efforts to regulate have focused on agencies, and courts have focused on common law actions.

For example, the Pennsylvania Department of Environmental Protection (“PADEP”) requested that operators voluntarily agree to cease sending oil and gas wastewater to municipal sewage and commercial treatment plants by May 19, 2011.[1] Also, on July 28, 2011, U.S. Environmental Protection Agency released a...
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