A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing

Author:David A. Dana & Hannah J. Wiseman
Position:Kirkland & Ellis Professor of Law, Northwestern University Law School/Assistant Professor, The Florida State University College of Law

The United States faces a critical moment in environmental regulation. As tens of thousands of new unconventional, hydraulically fractured oil and gas wells spring up around the United States, we face a long-term threat of significant soil and water contamination. The current patchwork of state "command and control" regulations fails to prevent this contamination. Even in states with updated... (see full summary)

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