Edited by Haadiyah Mohammed, Sean Sudalaimani, and Rohith Raman
Abstract
Hydraulic fracturing, commonly known as fracking, has been a hallmark of the oil and gas industry in Texas for many years, contributing significantly to the state’s economy. However, the process has become controversial in recent years due to its environmental implications, sparking contentious debates over its regulatory approach. While the impacts of Texas’s decisions on fracking regulation on the state have been well documented in existing scholarship, the underlying trends shaping these decisions remain underexplored. By analyzing Texas’s consolidation of state power, the Texas Railroad Commission’s inadequate enforcement of fracking regulations, and the introduction of the Texas Business Courts, this paper identifies a statewide shift prioritizing the interests of private enterprise. Finally, a comparative analysis of Texas and North Dakota’s frameworks reveals the doctrinal foundations that dictate Texas’s divergence towards industry-centric governance.
