Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.
John R. Nolon, Zoning’s Centennial: A Complete Account of the Evolution of Zoning into a Robust System of Land Use Law—1916-2016 (Part IV), Zoning & Plan. L. Rep.,Jan. 2017, at 1, http://digitalcommons.pace.edu/lawfaculty/1039/.