• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
    • Managing Board
    • Masthead
    • Advisory Board
    • Subscriptions
    • Alumni
  • Print Journal
    • Print Archives
    • Symposium
    • Submissions
  • Online Scholarship
    • Online Journal
      • Submissions
    • ELRS
      • About
      • Submissions
  • Membership

Harvard Environmental Law Review

Fracking, Federalism, and Private Governance

April 14, 2015 by hlselr

By Amanda C. Leiter

The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks and propose regulations for drilling on federal land. States have moved faster to address natural gas risks, but with little consistency or transparency.

Numerous private organizations are stepping into the resulting governance gaps with information-gathering and standards-setting efforts. As this Article documents, these private organizations are performing the functions once assigned to states in so-called “laboratory federalism”: developing innovative governance approaches and— perhaps more importantly—catalyzing the horizontal and vertical diffusion of successful governance strategies. In some cases, the likely outcome is a public governance regime with private origins; in others, private entities are likely to continue to play a role even as public entities enter the frame, creating a hybrid regime. Both outcomes highlight the need for process reforms to increase private entities’ openness, balance, and accountability. Familiar administrative procedures followed by public agencies offer one model for such reforms, but at least in the natural gas context, those procedures may be less effective for private entities than for the public agencies for which they were designed.

Cite as: Amanda C. Leiter, Fracking, Federalism, and Private Governance, 39 Harv. Envtl. L. Rev. 107 (2015).

View Full Article (PDF)

Filed Under: Article, Print Articles

Primary Sidebar

Contact US

To contact the Harvard Environmental Law Review, please email the Editors-in-Chief at hlselr@mail.law.harvard.edu.

Follow us on Twitter

Tweets by HarvardELR

Follow us on LinkedIn

Follow us on LinkedIn.

Footer

Get the Harvard Environmental Law Review in your inbox!

Copyright © 2025 · Magazine Pro on Genesis Framework · WordPress · Log in