Would a Ban on Fracking Constitute a Takings?

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Fracking is all the rage these days, a means of increasing domestic energy production by injecting fluid into cracks that exists in rock formations to open them up and allow oil and gas to flow out and be collected. There is a great national debate taking place over fracking, which to date remains largely unregulated. Many argue that fracking should be limited or banned due to environmental concerns about polluting the water basin and creation of toxic waste based on chemicals in the liquid being injected, as well as other concerns.

The intensity of the debate over fracking continues to grow nationwide and seems destined to result in fracking lawsuits based on a federal takings theory in the months and years ahead.

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