The Role of Nuisance in the Developing Common Law of Hydraulic Fracturing

Abstract

In 2012, the oil and gas industry created more than 1.2 million jobs. The industry expects this number to increase to more than 2.3 million in 2035 and expects revenues to exceed $1.9 trillion from 2012 to 2035. The development of hydraulic fracturing technology, a process by which natural gas under shale formations can be extracted, has allowed the oil and gas industry to experience this exponential growth. The economic benefits of hydraulic fracturing comes at a cost. Residents of Pennsylvania, Texas, and Ohio, among other states, have begun to experience the environmental harms and effects of hydraulic fracturing. In the wake of this technological development, citizens affected by hydraulic fracturing have begun to remedy their situations through the common law. This Note argues that common law nuisance provides a flexible alternative to other common law causes of action and distinguishes successful nuisance claims from unsuccessful ones.