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It is difficult to think of a more timely or important topic than horizontal hydraulic fracturing and its impact on the environment. It is especially useful to have an exchange of views on this subject now, before the statutes, regulations, and court decisions start to roll in. Law professors – I cannot speak for anyone else – have a strong proclivity for backward-looking analysis, dissecting what should have been done after the basic direction of the law is set and the courts have spoken. It is much more useful to weigh the pros and cons of different approaches at an early stage in the evolution of an issue, although admittedly, it is also more risky. So I congratulate the Law Review on organizing today’s conference.


Environmental Law | Law