As a practitioner who has represented low-income individuals and community groups pro bono on environmental and energy development issues for over three decades, I appreciate the contribution of Professors Dana and Wiseman to the literature concerning the regulation of those particular risks and effects of the use of hydraulic fracturing and horizontal drilling to develop shale gas and oil from formations once considered inaccessible. I agree with the authors that, if engaged, the surety and insurance industry could become valuable partners in assisting in the mitigation of risks associated with hydrofractured horizontal well production. But there are three main difficulties I see in the proposal to use insurance and surety mechanisms as a tool for mitigating risks.