(University of Oregon School of Law, 2023-04-28) Blount, Samantha
Several factors contribute to how fracking pollution affects water
supplies, including the regulatory exemptions in federal environmental
laws, the federal government’s complacency in monitoring and
regulating the environmental effects of fracking, and the disregard for
the role tribes play as co-sovereigns with states and the federal
government. Regulatory exemptions located in federal laws governing
water resources allow toxic pollutants to flow onto tribal lands and
through drinking water supplies. Short of Congress eliminating these
exemptions altogether, any solution for tribes to prevent toxic produced
water from polluting their waters requires proper recognition of tribal
sovereignty.
