UCLA Journal of Environmental Law and Policy

Of all the new concerns to emerge in the wake of unconventional shale energy development, induced earthquakes are perhaps the most surprising. The frequency and occurrence of seismic activity in the central and eastern United States has increased dramatically since the shale boom began in 2009. This uptick in seismic events has led many to suspect that the connection between unconventional production and induced seismicity is far from coincidence. Plenty of myths and inaccurate reporting surround this issue, but the consensus from the scientific community is that the injection of wastewater fluids is the most likely culprit for the increasing rates of seismicity. This concern has prompted a varied response from concerned citizens, regulators, and the industry. This article discusses how the oil and gas industry induces earthquakes from wastewater disposal activities, outlines the existing regulatory framework by comparing the response of state officials in Oklahoma and Colorado, and offers several non-regulatory strategies that companies should implement to prevent these damaging earthquakes. This article concludes that the best approach to mitigate seismic risk requires both proactive state regulatory measures with voluntary efforts from the industry.