Intergovernmental responsibility for policy development for shale gas is concentrated primarily at the state level, given multiple statutory and political constraints on potential federal engagement. This opens the question of how a large subset of American states might craft shale policies, amid competing scholarly views on the commitment of states to environmental protection when energy development opportunities arise in the absence of applicable federal authority. The article examines recent trends in state political economy that may shape policy development and capacity, considers the heterogeneous pattern of policy emerging thus far, and draws preliminary lessons from the very small set of states that have enacted far-reaching new state legislation. It also offers early discussion of cross-border issues that may trigger multistate, regional, or ultimately federal engagement as well as growing signs of volatility in policy development in some states.
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