Fracked Regulation: How Regulatory Exemptions for Fracking Harm Tribal Waters

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Date

2023-04-28

Authors

Blount, Samantha

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

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.

Description

36 pages

Keywords

Oil and natural gas production, Water pollution, Wind River Reservation, Fort Berthold Reservation, Fracking, Tribal sovereignty, Clean Water Act

Citation

38 J. Env’t. L. & Litig. 255