How a novel federal claim usurps state authority
January 23, 2017 | Gabriel Collins

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Gabriel Collins
Baker Botts Fellow in Energy & Environmental Regulatory AffairsA spike in earthquakes in Oklahoma is likely linked to deep disposal wells used to store wastewater from oil and gas drilling. In a lawsuit against several oil & gas operators, the Sierra Club offers a novel interpretation of a federal regulation in its bid to curtail wastewater disposal operations.
In this brief, fellow Gabriel Collins lays out the implications of the Sierra Club's strategy, arguing that state regulators and legislators — not federal courts — should get first crack at resolving problems arising from seismic activity related to wastewater injection.