Much Ado About EPA Diesel Fracking Guidance

Law360, New York (March 3, 2014, 5:38 PM EST) -- For a humble administrative document, the U.S. Environmental Protection Agency’s release this month of a diesel fracking guidance has caused quite a stir, prompting cheers from environmentalists and fears from industry that the guidance presages agency enforcement for past failures to obtain permits.

But a review of the guidance’s statutory, scientific and policy context suggests that neither view is correct.

Ten years ago, well before the 2008 surge in Marcellus Shale gas drilling, the EPA quietly released the results of its first study on the impact...
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