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Pace Land Use Law Center/Yale Center for Environmental Law
and PolicyDecember 6, 2013
Mark K. Boling
President
CONTROLLING THE LOCAL IMPACTS OF
HYDROFRACKING THROUGH SMART
REGULATIONS
OIL & GAS COMPANIES
Generally honest and trustworthy
Make too much profit
Should be more regulated
4%
66%
77%
Perceptions of
Public Opinion of Hydraulic Fracturing
1
PENNSYLVANIAPercent of respondents in:
MICHIGANPercent of respondents in:
Believe HF is important to the state’s financial well being
Believe HF is important to the state’s financial well being 86%82%
Believe HF’s economic benefits outweigh environmental risks
Believe HF’s economic benefits outweigh environmental risks 58%52%
Favor a temporary ban on HF
Favor a temporary ban on HF 54%52%
What Does This Mean?
2
• The “economic benefits” argument is not enough to gain public acceptance of hydraulic fracturing operations.
• Industry, regulators and other stake-holders must do more to assure the public that hydraulic fracturing can be done safely.
• The Economy
• The Environment
• Energy Security
Current Regulatory Environment
Public Distrust
and Fear
Natural Gas
Industry
CertainEnvironmental
Activists/Groups
PoliticsGuidingPolicy
THEPERFECTSTORM
THEPERFECTSTORM
Developing Smart Regulations
• Dial down the rhetoric
• Identify the real risks
associated with responsible
development of this resource
• Develop “smart regulations” to
minimize these risks
4
What is Smart Regulation?
5
Smart Regulation = Effective Risk Management
1. Identify the risks
2. Assess the probability of occurrence and potential
impact of each risk
3. Implement appropriate risk mitigation strategies
Surface Risks
8
Air Emissions
Water UseWater HandlingWater Reuse & Disposal
Surface Impact• Drilling Locations
• Truck Traffic & Road Damage
• Infrastructure
PERCEIVEDRISK
ACTUALRISKRISK
INFORMATIONGAP
Smart Regulation – Assessing Risk and Implementing Risk Mitigation Strategies
9
ACTUALRISK
PERCEIVEDRISK
COLLABORATIONAND RISK
COMMUNICATION
SMARTREGULATION
PERCEIVEDRISK
ACTUALRISK
PUBLIC TRUST& ACCEPTANCE
ACTUALRISK
PERCEIVEDRISK
SMARTREGULATION
PERCEIVEDRISK
ASSESSEDRISK
COLLABORATION AND RISK
COMMUNICATION
PUBLIC TRUST& ACCEPTANCE