ALI CLE and the Environmental Law Institute (ELI) proudly present a 5 part webcast series:

Environmental Impacts of
Shale Development and Hydraulic Fracturing:
Key Legal Issues and Future Directions

ALI CLE and the Environmental Law Institute offer a five-part series on shale drilling and hydraulic fracturing that offers an in-depth examination of the environmental law and policy issues facing companies, governments, activist groups, and citizens who are concerned about this critical area of our nation's energy infrastructure.

Purchase the entire 5-part on-demand series and pay only $799 (a savings of $196)!

Listen to the free podcast, "An Unfractured Look at Hydraulic Fracturing," which provides a fantastic summary of what's happening right now across the various federal agencies responsible for the regulation of hydraulic fracturing. Hear three top speakers in the field, Rob Kirsch, Jeanne Briskin, and Richard McNeer, as they provide a background on the EPA's multiyear study on the impact of fracturing on drinking water resources, as well as discuss the uptick in petitions and lawsuits seeking to further encourage fracturing regulations. This is part of ALI CLE's new, free podcast series, Off the Record, which is available on iTunes

Series Advisory Panel:

Post-Election Law and Policy Directions for Shale Drilling

Recorded on Tuesday, November 13, 2012
On-demand program now available. Click here to purchase

The outcome of the presidential and congressional elections will have implications for shale drilling and hydraulic fracturing even if there is not a significant shift in power. This panel will give expert analysis of the federal legal and policy context for shale oil and gas, including:

  • What are the policy and political headwinds and tailwinds for shale oil and gas and their extraction?
  • Will gas continue at its current pricing?
  • Where will Department of Interior regulations head?
  • What initiatives is EPA undertaking?
  • What is the future of natural gas exportation?

Faculty

  • Peter Robertson, Senior Vice President, Legislative and Regulatory Affairs, America's Natural Gas Alliance, Washington, D.C. (moderator)
  • Michael Bloomquist, General Counsel, Energy and Commerce Committee, U.S. House of Representatives, Washington, D.C.
  • David Neslin, Davis Graham & Stubbs LLP, Denver; former Director, Colorado Oil & Gas Conservation Commission
  • Jay Duffy, Staff Attorney and Marcellus Shale Coordinator, Clean Air Council, Philadelphia
  • Amy Mall, Senior Policy Analyst, Land & Wildlife Program, Natural Resources Defense Council, Washington, D.C.

Hydraulic Fracturing Science Update and Frontiers

Recorded on Thursday, November 29, 2012
On-demand program now available. Click here to purchase

Economical shale drilling is possible only because of technological breakthroughs. Opponents have raised various technical and scientific objections about the risks of using hydraulic fracturing. Because the science and technology of fracturing provides the backdrop for both sides of citizen suits as well as future policies, attorneys involved in these cases need to have a working knowledge of what may be the central evidence in dispute in order to adequately represent their client's interests. This panel will review the leading edge of scientific investigations into and technological innovations for shale drilling, including:

  • Update on EPA's study on groundwater impacts of hydraulic fracturing
  • Results of EPA's recent field data from Pavillion, Wyoming and Dimock, Pennsylvania
  • Status of "no-water" and other fracturing and extraction technologies
  • Status of flowback and produced water treatment and disposal
  • Status of Green Completions, methane capture, and air quality
  • Science around seismic risks

Faculty

L. Brun Hilbert, Jr., Ph.D., P.E., Principal Engineer, Exponent, Menlo Park, California (moderator)

R. Timothy McCrum, Crowell & Moring LLP, Washington, D.C.

Briana Mordick, Staff Scientist, Natural Resources Defense Council, San Francisco

John D. Schell, Ph.D., Principal Scientist, Toxicology & Mechanistic Biology, Exponent, Houston

State and Regional Regulatory Trends in Hydraulic Fracturing

Recorded on Friday, December 14, 2012
On-demand program now available. Click here to purchase

States are at the fore in regulating shale drilling and hydraulic fracturing, and several regional bodies have significant regulatory input as well. This panel will examine changes and trends in state and regional regulation, including:

  • State regulatory initiatives and moratoria
  • Regional regulatory efforts by River Basin Compact Commissions
  • The tension between the states and US EPA over the regulation of drilling and hydraulic fracturing
  • Efforts to create model state codes and regulations

Faculty

Joel R. Burcat, Saul Ewing LLP, Harrisburg, Pennsylvania (moderator)

Scott R. Perry, Deputy Secretary, Office of Oil and Gas Management, Pennsylvania Department of Environmental Protection, Harrisburg, Pennsylvania

Craig Segall, Staff Attorney, Sierra Club, Washington, DC

Edward L. Strohbehn Jr., Bingham McCutchen LLP, San Francisco

Lori Wrotenbery, Director of Administration, Oklahoma Corporation Commission, Oklahoma City

Role of Localities and the Public in Shaping Drilling's Future

Recorded on Thursday, January 10, 2013
On-demand program now available. Click here to purchase

There is significant focus on developing best practices and regulatory approaches to address a wide range of potential impacts associated with shale gas development. But there is a category of impacts, commonly referred to as community impacts, that are not easily amenable to such regulation yet are inherent in oil and gas development. These impacts may be best addressed by localities, who have traditionally had primacy in the land use arena. In some states, local governments have significant say over whether and how shale drilling takes place; in others, localities have little to none. This panel will examine the existing role of local governments, and search for likely trends in various jurisdictions, including:

  • Active litigation over the scope of local jurisdiction
  • Practical implications of local regulation
  • Legal issues regarding pre-emption, takings, and zoning
  • Role of local citizen activism in shaping gas development

Faculty

Kate Sinding, Senior Attorney and Deputy Director, New York Urban Program, Natural Resources Defense Council, New York (moderator)

Deborah Goldberg, Managing Attorney, Earthjustice, New York

John B. McFarland, Graves Dougherty Hearon & Moody, Austin, TX

Jordan B. Yeager, Curtin & Heefner LLP, Doylestown, PA

Litigation Environment for Drilling and Hydraulic Fracturing

Recorded on Wednesday, January 23, 2013
On-demand program now available. Click here to purchase

Although most legal attention in this area has focused on regulatory developments, a growing body of litigation promises to shape shale drilling and hydraulic fracturing in the coming years. This panel will examine recent and pending cases, including:

  • Who's bringing what cases and how they are being decided
  • Claims and defenses asserted and chances of success
  • Dealing with attempts to try cases in the media
  • Likely future trends in litigation
  • Impact of agency findings on litigation

Faculty

Robert M. Schick, Vinson & Elkins LLP, Houston (moderator)

Daniel J. Dunn, Hogan Lovells, Denver

Tate J. Kunkle, Napoli Bern Ripka Shkolnik LLP, New York

Kenneth J. Warren, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia; General Counsel, Delaware River Basin Commission, West Trenton, New Jersey