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A Colorado state judge recently struck down a city’s voter-approved moratorium on hydraulic fracturing, or “fracking.” This marks the second time a Colorado judge has quashed a city’s fracking ban within a matter of two...more
The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters.
A new wave of state common law air pollution...more
While many debates over hydraulic fracturing continue throughout the oil and gas industry, a growing number of state courts are addressing the "home rule" argument, or in this case, whether local governments within the state...more
The City of Compton is being sued for its ordinance banning hydraulic fracturing, effective on April 22, 2014. (Western States Petroleum Association v. City of Compton, et al., Case No.BC552272.) Although Compton is not...more
What you need to know:
The Fifth Circuit Court of Appeals, applying Texas law, held that a Total Pollution Exclusion Endorsement in a CGL Policy did not irreconcilably conflict with, and therefore was not superseded...more
The New York Court of Appeals, in a 5-2 decision, held that the New York State Oil, Gas and Solution Mining Law (“OGSML”) does not preempt municipal zoning authority. The Court explained that land use regulation is among the...more
In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their...more
On June 30, the Colorado Supreme Court issued its opinion In the Matter of the Title, Ballot Title, and Submission Clause for 2013–2014 #89 (Initiative 89). In affirming the finding of the state’s Ballot Title Setting...more
On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more
A non-profit, Food & Water Watch, reports that 421 measures against fracking have been passed by state and local governments and that communities across the nation are lobbying their local and state elected officials because...more
On Monday, June 30, the highest courts in both New York and Colorado confirmed local municipalities' rights to regulate land use within their jurisdictions. The New York State Court of Appeals upheld two towns' bans on shale...more
This week the New York State Court of Appeals upheld the right of municipalities to ban hydraulic fracturing for natural gas within their borders. In Norce Energy Corp. USA v. Town of Dryden and Cooperstown Holstein...more
The Insurance Law Blog has been following decisions related to hydraulic fracturing for potential impacts on insurance coverage issues. As we previously reported in May 2013, the New York Supreme Court, Appellate Division,...more
On Monday, New York’s highest court—the New York Court of Appeals—upheld local bans on shale gas drilling designed to eliminate hydraulic fracturing. The 5-2 decision clears the way for drilling opponents to target fracking...more
In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair...more
In This Issue:
- Russia's Second Renewable Energy Auction Gives Both Glimmer of Hope and Cause for Concern
- Tanzania Publishes First Draft of a Long-Awaited Local Content Policy
- New York's Highest...more
Earlier this month the New York State Court of Appeals heard oral argument in Matter of Norse Energy USA v. Town of Dryden and Cooperstown Holstein v. Town of Middlefield, in which the Court has been asked to decide whether...more
The U.S. Supreme Court has refused to hear the case of Kristie Bell v. GenOn, where the Third Circuit Court of Appeals ruled that the Clean Air Act did not preempt state common law actions seeking damages for air pollution....more
On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more
As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more
Offshore exploration in the Gulf of Mexico implicates maritime law, federal law, and the different laws of five coastal states. The manner in which these different substantive laws interact is often a critical, but unclear,...more
Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more
In This Issue:
- Important Case on Subsurface Trespass Pending before the Texas Supreme Court
- U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS
The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more
The last several weeks have seen some interesting developments suggesting an increase in temperature in the debate over hydraulic fracturing, or “fracking,” in California.
First, a couple of jurisdictions took actions...more
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