FRACKING: AN ENERGY DREAM COME TRUE OR AN ENVIRONMENTAL NIGHTMARE?

Abstract

This article investigates the judicial approach the courts are likely to take when they are asked to decide whether hydraulic fracturing, otherwise known as “fracking”, is an acceptable technique or not. The main focus of this article is to investigate whether the legislation put in place is consistent with the constitutional provisions aimed at protecting, on the one hand, the right to a healthy environment, health and life, and on the other hand, the right to promoting justifiable economic and social development. What will be considered is where these rights are likely to come into conflict with each other and how the courts are likely to deal with the issue. Prefacing this discussion is a brief investigation into the nature of fracking; the legislation that will govern the process and the constitutional rights likely to be effected by the technique.