A transboundary comparative analysis of opportunities for public participation in the regulation of hydraulic fracturing in the Bakken Shale Formation. Issue 3 (3rd July 2018)

• Record Type: Journal Article
• Authors: Stewart, Judy; Lucas, Alastair; Bruno, Giorilyn
• Is Part Of: Journal of energy & natural resources law. Volume 36:Issue 3(2018)
• Page Start: 299
• Page End: 350
• Publication Date: 2018-07-03
• Subjects: Bakken Shale Formation -- hydraulic fracturing -- public participation -- procedural fairness -- comparative analysis of transboundary regulations; Power resources -- Law and legislation -- Periodicals; Natural resources -- Law and legislation -- Periodicals; Natural resources -- Law and legislation; Power resources -- Law and legislation; Periodicals; 346.420467
• DOI: 10.1080/02646811.2017.1374092
• Languages: English
• ISSNs: 0264-6811

Abstract

Abstract : This is a comparative analysis of how regulatory regimes overlying the Bakken Shale Formation (Manitoba, Montana, North Dakota and Saskatchewan) provide for public participation in government decision-making processes for hydraulic fracturing technology. Three processes are examined and analysed: (1) policy development and rule-making; (2) licensing and operational decision-making processes; and (3) ensuring compliance with licence or approval conditions. Statutory provisions for public participation are often associated with the common law duty of 'procedural fairness'. A description of the Bakken and an overview of public concerns about potential impacts of hydraulic fracturing on the environment, human health and communities are provided.