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Litigation against fracking bans and moratoriums in the US: exit, voice and loyalty

Hilson, C. (2016) Litigation against fracking bans and moratoriums in the US: exit, voice and loyalty. William & Mary Environmental Law and Policy Review, 40 (3). pp. 745-768. ISSN 1943-1104

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Official URL: http://www.wmelpr.org/volume-40-2015-2016/

Abstract/Summary

A number of US states, counties and municipalities have responded to the public health and environmental concerns surrounding fracking by imposing bans or moratoriums on unconventional oil and gas drilling. These restrictions have, in recent years, given rise to litigation challenges by oil and gas companies and by property owners deprived of potential revenues. The current article begins by examining precisely who has litigated. Have large companies dominated or is it mostly smaller independents? Is there a difference in litigation rates between private and public companies? The article then considers how Hirschman’s ideas of exit, voice and loyalty might apply in the context of bans and moratoriums and further explores some of the factors that may have driven litigation in the area.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:52308
Publisher:William & Mary School of Law
Publisher Statement:First Publication Credit: In the event of the use of this Article, in whole or in part, by other persons, such licensees, sub-licensees, assignees, or other users will give proper first publication credit/attribution to ELPR ()

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