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Drilling in the Marcellus Shale to release natural oil and gas, also known as hydraulic fracturing or “fracking” for short, has been controversial for its potential environmental impact. Those concerns are counterbalanced by the need for natural gas and the financial benefits to those who are selling rights to drill under their land, many of whom are farmers facing difficult financial times. Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.
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  The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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