Table of Contents

Shale Gas and the Future of Energy

Shale Gas and the Future of Energy

Law and Policy for Sustainability

New Horizons in Environmental and Energy Law series

Edited by John C. Dernbach and James R. May

The rapid growth of shale gas development has led to an intense and polarizing debate about its merit. At the 2012 United Nations Conference on Sustainable Development, countries around the world concluded that the transition to sustainability must be accelerated. This book asks and suggests answers to the question that has not yet been systematically analysed: what laws and policies are needed to ensure that shale gas development helps to accelerate the transition to sustainability?

Chapter 8: Relevance of transparency to sustainability and to Pennsylvania’s shale gas legislation

Bernard D. Goldstein

Subjects: environment, energy policy and regulation, environmental management, environmental politics and policy, law - academic, energy law, environmental law


Transparency is a core attribute of sustainability. Openness and the sharing of pertinent information with the public are central to environmental protection and sustainability in formulations as longstanding and diverse as the 1972 Stockholm Agreement; the 1992 Rio Declaration; the mission statement of the US Environmental Protection Agency; and policy statements by industrial organizations including the World Business Council for Sustainable Development and the international petrochemical industry. Unfortunately, much of the shale gas industry in the United States has proceeded as if transparency and public trust were not important. Secrecy and misinformation about hydraulic fracturing chemicals and the even more toxic flowback fluid contaminants, coupled with a concerted effort to avoid obtaining the health and environmental studies that could provide information about potential health and environmental effects has led to major opposition and to decisions by the Pennsylvania Supreme Court and the Governor of New York State that have substantially impeded the ability of the industry to proceed. The Chief Justice of the Pennsylvania Supreme Court, in a decision narrowly overturning parts of Pennsylvania’s pro-industry Marcellus Shale Act 13, found that the state “failed to discharge its trustee duty of gathering and making available … complete and accurate information” The lack of transparency and trust coupled with the public’s lack of familiarity with drilling for oil and gas in the Northeastern United States is a textbook example of the social amplification of risk. Without transparency, there is no trust. Without trust, public participation in sustainability is a meaningless exercise that is doomed to failure. The shale gas industry now needs to work hard to regain public trust.

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