Planning for Natural Gas Fracking in the Barnett Shale, Texas: The Legal and Regulatory Framework and the Role for Local Governments

Abstract

Hydraulic fracturing for natural gas is booming in Texas. According to the State’s regulatory agency, of the 15,466 new drilling permits issued in 2010, approximately 85% of those wells were hydraulically fractured. Rigs are literally pulling up in neighbourhoods. Faced with minimal state and federal regulation, Texas cities are on the front line in balancing industry, land use, and environmental concerns. Issues include chemical toxicity, air and water quality impacts, correlations with earthquakes, visual blight, traffic and infrastructure burdens, and water scarcity in a drought-stricken state. This study focuses on the Barnett Shale Formation, underlying 5,000 square miles of the Dallas/Fort Worth area at depths of 6,500–8,500 feet. The Barnett Shale in the Fort Worth basin is the most active shale gas play in the United States and one of the largest drilling programmes ever undertaken in an urban area. Despite considerable controversy, local acceptance has been relatively high, likely because many citizens own mineral rights. Historically an oil and gas producing region, the Barnett now has over 8,000 gas wells, with production increasing by more than 3,000% from 1998 to 2007.