This increased need for natural gas makes the ability to produce coalbed methane and other natural gases more important than ever. Hydraulic fracturing is required for producing gas from most coalbeds as the gas needs to be given a path out of the coal to the well. Following the 11 th Circuit Court opinion, EPA required the State of Alabama to amend their regulations, which subsequently they have done. Under these regulations, operators must purchase drinking water for use in fracturing operations. There has never been any evidence that fracturing oil or gas producing structures, impacts shallow fresh water aquifers.
All evidence is to the contrary.
Thus the increased costs, administrative and operational, to comply with the 11 th Circuit Court decision is a waste of resources. The Alabama decision sets a precedent and other litigation will surely follow. In fact, LEAF has already filed a motion challenging the basis upon which EPA is proceeding. It will take years and millions in legal fees to reach a conclusion that Congress could reach in a few weeks. The best way to remedy the situation is congressional legislation.