Fracking And The Halliburton Loophole

There's a lot of mainstream media discussion of fracking, or hydraulic fracturing. This article is typical.

Fracking is a new way to mine for natural gas. You pump water and chemicals into the ground. This breaks the rock formations, releasing the natural gas.

The problem is "and chemicals". Those chemicals, along with the released natural gas, are polluting drinking water. The most famous example is the guy who lights his water on fire.

Most mainstream media discussion of fracking fails to mention the "Halliburton Loophole". That is a serious omission. The patents for the fracking technique are owned by Halliburton. Via heavy lobbying, there was an exemption put into the Water Pollution Act, exempting fracking. Since Halliburton owns the fracking patents, this loophole exclusively benefits Halliburton.

I am very offended, that almost all mainstream media discussion of fracking doesn't mention the "Halliburton Loophole".

Now, government bureaucrats are rushing in to solve the problem THEY CREATED. The politicians say "Government is the hero, for protecting people from greedy polluters." Government caused the problem, by exempting fracking from pollution laws.

You might wonder "People had their property damaged by fracking. Why don't they sue and win?" This is the evil of the State. The State actively protects polluters. First, laws like the Halliburton Loophole explicitly exempt polluters from liability. Second, even without that loophole, it's almost impossible to hold polluters accountable in a State court. The legal fees will be much more than your property was worth. The corporation can stall and drag out the case for decades. A corrupt and inefficient legal system protects polluters from responsibility for their crimes.

In a legal system based on natural law or common law, it would be very easy to hold polluters accountable. Statutory law explicitly shields polluters, limiting or eliminating liability. An inefficient legal system makes it unprofitable to pursue valid claims.

This is a very common misconception. A pro-State troll says "Government is needed to protect people from polluters!" In fact, government enables polluters. The inefficient and corrupt State legal system shields polluters, enabling them to hide behind an army of lawyers. Laws like the Halliburton Loophole and the Oil Pollution Act explicitly exempt polluters from liability or cap liability. Limited liability incorporation enables polluters to weasel out of payment, even if they do get caught.

With complicated regulations, insiders can say "But we followed the regulations!", even if the net outcome is massive environmental damage.

The government does not prevent pollution. The government is the biggest enabler of pollution.