Law professors Jody Freeman and David Spence present arguments for and against the federal regulation of hydraulic fracturing. Because fracking carries economic and environmental impacts for the nation, the federal government should set minimum standards with input from states, Freeman writes. Spence argues that "the federal government should regulate when the important impacts of the regulated activity cross state lines, when states cannot regulate efficiently or when national interests are at stake. None of these justifications apply to fracking."

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