Report: California Lags in Fracking Regulations

A new report on hydraulic fracturing (“fracking”) in California warns there are risks of irreversible contamination of surface and groundwater near oil drilling sites unless the technique is carefully monitored and controlled.

The report, titled “Regulation of Hydraulic Fracturing in California: A Wastewater and Water Quality Perspective,” is an independent analysis produced by the UC Berkeley School of Law’s Center for Law, Energy & the Environment.

Fracking is a technique that injects highly pressurized chemical fluids into underground rock to create cracks that release tightly bound oil or gas. It’s become a financial boon to fossil fuel companies nationwide, but it comes with inherent dangers.

The risks of fracking include toxic chemicals and known carcinogens that can seep into ground and surface waters, posing a threat to human health, aquatic life, and ecosystems. If the fracking wells and wastewater are mishandled, according to the report, the results may be harmful, costly, and impossible to reverse.

The general practice of fracking is not new—oil and gas producers have employed it in California for many decades. What is new, and potentially alarming, are projections of dramatically increased activity in California driven by advanced technologies and a demand for oil.

“The rapid spread of fracking has outstripped the ability of state agencies to effectively monitor and regulate it. Our recommendations include a greater investment in industry oversight, stronger regulations, and heightened inter-agency cooperation,” Jayni Foley Hein, a report co-author and executive director of Berkeley Law’s environmental research center, said. “Regulators need to protect the public interest by demanding greater transparency and increased accountability across all fracking operations.”

California lags behind other states on hydraulic fracturing regulation. Wyoming, Ohio, and other states set stronger standards for transparency, safety, and environmental stewardship. But, even in those cases, gaps in agency oversight may have contributed to water contamination and greater seismic activity, the report shows.

California needs to raise the bar even higher, said co-author Michael Kiparsky, associate director of the Wheeler Institute.

“Part of the challenge of fracking is that the technology is constantly evolving,” said Kiparsky, an environmental scientist. “It’s essential that regulators not only understand the impacts of new technologies, but also study the lessons learned elsewhere to prevent an increased risk of earthquakes, water pollution, and toxic air emissions.”