The Shale Energy Revolution: A Lawyer's Guide
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Written by members of the ABA Section of Litigation’s Energy Litigation committee, this multi-author book addresses the vast new wave of litigation issues resulting from the fast-paced and unconventional growth of the shale gas industry. The book begins with an overview of the geology, exploration, drilling and production of shale plays, and introduces the shale plays and their individual properties regionally. Next, the book identifies common litigation issues in shale plays. These include: recovery of personal injury and property damages related to hydraulic fracturing; lawsuits between governmental entities; and challenges to disclosure regulations related to the chemicals used in hydraulic fracturing.
The third chapter highlights common contractual disputes related to royalties, pooling and unitization, and implied covenants to market and for further development. Water rights and water use are the central topic of the book’s concluding chapter. Competition for water and a significant uptick in regulation related to the use of water will generate litigation related to the use of water in oil and gas operations. The final chapter in The Shale Energy Revolution provides a broad regional overview of the statutory and regulatory schemes that govern water use in oil and gas producing states, and highlights potential areas for disputes.