Colorado‘s example provides valuable lessons to o<strong>the</strong>r states pursuing <strong>the</strong>ir own reform of oiland gas regulations. The Wyoming Oil and <strong>Gas</strong> Conservation Commission passed a package ofnew oil and gas drilling rules on June 8, 2010. These rules make Wyoming <strong>the</strong> first state torequire operators to disclose <strong>the</strong> composition and concentration of chemicals used in hydraulicfracturing. 61 O<strong>the</strong>r shale-producing states may soon follow suit. 62New York, a relative newcomer to <strong>the</strong> modern oil and gas industry, has been <strong>the</strong> site of acontentious debate over future development of <strong>the</strong> state‘s gas resources in <strong>the</strong> Marcellus <strong>Shale</strong>.The New York Department of <strong>Environmental</strong> Conservation (NYSDEC) has been charged withupdating rules regulating horizontal drilling and high-volume hydraulic fracturing and iscurrently evaluating public comments on a draft Supplemental Generic <strong>Environmental</strong> ImpactStatement that it released in September 2009. 63 In <strong>the</strong> meantime, 10 bills relating to shale gasdevelopment, including one that would place a moratorium on drilling until 120 days after <strong>the</strong>EPA‘s study of hydraulic fracturing is completed, are making <strong>the</strong>ir way through <strong>the</strong> statelegislature. 64 In neighboring Pennsylvania, where over 564 wells were drilled in <strong>the</strong> Marcellus<strong>Shale</strong> during <strong>the</strong> first half of 2010, Governor Ed Rendell has said that he would sign a bill callingfor a three-year moratorium on new leasing of state forest land for gas exploration whilepotential environmental impacts are studied. 65The experiences of Colorado, Wyoming, Pennsylvania, and New York have demonstrated thatstrong public pressure exists for stricter oversight of <strong>the</strong> oil and gas industry and that stateregulators can and will move forward in streng<strong>the</strong>ning <strong>the</strong>ir own regulations. If <strong>the</strong>y areproduced responsibly, shale gas resources in <strong>the</strong> United States could play a central role inbuilding a low-carbon energy economy. Greater outreach and public education about shale gasdevelopment are clearly necessary to enable <strong>the</strong> many stakeholders engaged in shale gasdevelopment to work toge<strong>the</strong>r to find <strong>the</strong> most effective technological and regulatory solutionsfor developing shale gas resources while protecting <strong>the</strong> environment and public interest.15
Endnotes1Worldwatch Institute, The Role of Natural <strong>Gas</strong> in a Low-Carbon Energy Economy (Washington, DC:April 2010).2Groundwater Protection Council (GWPC), Modern <strong>Shale</strong> <strong>Gas</strong> <strong>Development</strong> in <strong>the</strong> United States: APrimer, prepared for <strong>the</strong> U.S. Department of Energy, National Energy Technology Laboratory (NETL)with ALL Consulting (Oklahoma City, OK: April 2009), p. 13.3Figure 1 <strong>from</strong> U.S. Department of Energy, Energy Information Administration (EIA), ―<strong>Shale</strong> <strong>Gas</strong>Plays, Lower 48 States,‖ available at www.eia.doe.gov/oil_gas/rpd/shale_gas.pdf, viewed 7 July 2010.4Calculated based on 2009 U.S. crude oil production of 5.31 million barrels per day, and conversionfactor of 1 billion cubic feet NG = 0.19 million barrels of oil equivalent. <strong>Shale</strong> gas production rates for2009 <strong>from</strong> Vello Kuuskraa, Advanced Resources International, ―The ‗Paradigm Shift‘ in U.S. andWorldwide Natural <strong>Gas</strong> Supplies,‖ presentation at Global Unconventional <strong>Gas</strong> Conference 2010,Amsterdam, 17 June 2010. U.S. crude oil production <strong>from</strong> EIA, ―Crude Oil Production,‖ PetroleumNavigator, available at www.eia.gov/dnav/pet/pet_crd_crpdn_adc_mbblpd_a.htm, viewed 7 July 2010.Conversion factor <strong>from</strong> BP, Statistical Review of World Energy June 2010 (London: 2010).5Figure 2 <strong>from</strong> GWPC, State Oil and Natural <strong>Gas</strong> Regulations Designed to Protect Water Resources,prepared for NETL (Oklahoma City, OK: May 2009), p. 20.6State regulations requiring surface casing to be set below <strong>the</strong> deepest ground water exist in 25 of <strong>the</strong>27 oil and gas-producing states surveyed by <strong>the</strong> GWPC in 2008. Twenty-four states required surfacecasing to be cemented along its entire length. GWPC and NETL, State Oil and <strong>Gas</strong> RegulationsDesigned to Protect Water Resources (Oklahoma City: May 2009), p. 19.7Twenty-four of 25 states surveyed required surface casing to be cemented along its entire length, perIbid.8Not all states require blowout preventers for all wells. Colorado‘s new rules regulating oil and gasdrilling, which may be considered a best management practice, requires operators to: install blowoutpreventer equipment (BOPE) on any well expected to flow, inspect it daily, ensure that it has asufficient rating to accommodate <strong>the</strong> maximum anticipated surface pressure, and ensure that rigemployees understand and can operate it. Operators must also pressure test <strong>the</strong> casing and BOPE aftereach new string is added, and proceed with drilling only when this equipment has been tested andfound to be functional. Colorado Oil and <strong>Gas</strong> Conservation Commission (COGCC), ―Rules andRegulations, 603 (i) (as of 1 April 2009),‖ available at http://cogcc.state.co.us/.9The Barnett <strong>Shale</strong> is a notable exception, with a thickness of 100 to 600 feet. GWPC, op. cit. note 2, p.17.10 GWPC, op. cit. note 5, p. 21.11 Figure 3 created by Mark Zoback, Stanford University.12 M.J. Economides and K.G. Nolte, eds., Reservoir Simulation (West Sussex, U.K.: John Wiley & Sons,Ltd., 2000).13 Figure 4 was created by Bradford Copithorne and Mark Zoback and is based on proprietary data madeavailable by a gas company currently operating in <strong>the</strong> Barnett <strong>Shale</strong>.14 Thomas R. Driscoll, ―Marcellus Could Become Largest <strong>Gas</strong> Play,‖ Barclays Capital, 15 March 2010.15 S.M. Currie, D. Ilk, and T.A. Blasingame, ―Continuous Estimation of Ultimate Recovery, SPE132352,‖ paper presented at 2010 SPE Unconventional <strong>Gas</strong> Conference, Pittsburgh, PA, 23–25February 2010.16 E. Siebrits et al., ―Refracture Reorientation Enhances <strong>Gas</strong> Production in Barnett <strong>Shale</strong> Tight <strong>Gas</strong>Wells,‖ presented at <strong>the</strong> 2000 Society of Petroleum Engineers Annual Technical Conference andExhibition, Dallas, TX 1–4 October 2000; Mukul Sharma, ―Improved Reservoir Access throughRefracture Treatments in Tight <strong>Gas</strong> Sands and <strong>Shale</strong>s,‖ presentation (Golden, CO: 15 April 2009).17 GWPC, op. cit., note 5, p. 27.18 Figure 5 <strong>from</strong> GWPC, op. cit., note 2, p. 54.16