United States natural gas production is likely to stunt the direction and intensity of renewable energy by up to two decades according to a MIT study. Gas will not provide a “’bridge’ to a low-carbon future if it erodes efforts to prepare a landing at the other end of the bridge.” Unconventional natural gas extraction need not become a “transition” to a new addiction. This article analyzes how cooperative federalism and inclusive decision-making can provide legitimacy and transparency when balancing property rights versus police powers to regulate natural gas production.
Elizabeth Burleson, Cooperative Federalism and Hydraulic Fracturing: A Human Right to a Clean Environment, 22 Cornell J.L. & Pub. Pol’y 289 (2012)