Opponents of hydrocarbon development have been doing a good job of linking hydraulic fracturing to every alleged environmental problem in oil and gas production areas, as well as questioning the extent of shale reserves. With this notoriety, government responses to fracturing are rapidly evolving at the federal, state and local levels.
Apart from participating in those public relations and regulatory processes, the legal department should draw upon the best features of all of the developing regulations to evaluate its company’s policies and procedures. What follows are a few thoughts on managing company risk before the government undertakes any environmental enforcement actions or plaintiffs pursue tort allegations.
