Abstract
The purpose of this paper is to present a comparative evaluation of best practices in fracking waste management in the United States for future recommendations to South Africa. As South Africa lifts its moratorium on fracking, it must create a specific legal framework with clear outlines about how natural gas will be extracted, stored and disposed of in a way that does not compromise the health and safety of residents or the environment. This paper first explores legal frameworks for fracking waste management in the United States, focusing specifically on a fracking accident in Pennsylvania that forced the state to outline ways to mitigate risks posed by fracking activities. Pennsylvania’s example offers best practices and proposes possible legislative considerations and amendments within South Africa’s current oil and gas legislation. Considered to be one of most advanced fracking countries worldwide, the United States offers important lessons to South Africa as it begins extracting its natural gas resources. Existing waste management legislation in South Africa provides a glimpse of how this nation manages its oil and gas waste, and the degree of protection is assigns surface and underground water that may be affected by fracking operations. This paper will conclude with recommendations for legislative development in South Africa to mitigate potential risks resulting from fracking accidents, as was seen in the Pennsylvania case study.