Deutsch and Crump Address Tensions Between States and Local Governments on Hydraulic Fracturing Regulation

Shook, Hardy & Bacon Houston attorneys Nicholas Deutsch and P. Randall Crump have authored an article titled “The power struggle over the regulation of hydraulic fracturing,” published in the March 2014 issue of E&P magazine. Noting that more than 100 local government authorities have enacted bans or moratoriums on hydraulic fracturing, the authors discuss how some states have sought to preempt local regulations by amending their oil and gas laws to preclude local regulation. The article also explores how local regulatory and enforcement efforts have fared when challenged in court as inimical to state interests in the development of these resources.