ABSTRACT
The complexity of U.S. Shale gas regulation is the result of differing local, state and national priorities, federal and state constitutional provisions, and state case law precedent. Using examples of water sourcing, water pollution regulation and pipeline approvals, this chapter illustrates some of the ways that shared or uncertain jurisdiction, express or implied preemption, lack of in-house technical expertise, legally-sanctioned barriers to information sharing, or simple budget and staffing constraints create challenges for effective regulation, resulting in less protection for the environment, uncertainty for regulated parties, and high variation in legal norms and on the ground outcomes across jurisdictions.
