Energy & Utilities Zoning, Planning & Land Use Conflict of Laws

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Gas Lines to Pipelines: The Case for Comprehensive Federal Energy Legislation

We’ve struggled with the consequences of an insufficient federal energy policy for nearly half a century. From the gas lines of the 1970s to the Keystone XL pipeline controversy of the past several years, the federal and...more

Court Decisions Halt Momentum on Local Oil and Gas Regulations

Action Item: Oil and gas operators should be aware that courts recently have been paring back on the power of local municipalities to regulate their operations. ...more

Texas Legislature Takes Further Aim at Local/Municipal Fracking Bans

On Tuesday, March 11, 2015, the Texas Legislature’s 84th Session gained another bill directed at combating future local and municipal fracking bans. State Rep. Drew Darby (R-San Angelo), Chairman of the Texas House Energy...more

Ohio Supreme Court Strikes Down Local Oil & Gas Regulations – How State Law Preemption Is Shielding the Oil and Gas Industry

In a closely watched, 4-3 decision issued yesterday, February 17, the Ohio Supreme Court ruled that the ‘Home Rule Amendment’ to the Ohio Constitution does not grant the city of Munroe Falls the power to enforce its own oil...more

California Environmental Law & Policy Update - February 2015 #2

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

California Environmental Law & Policy Update - January 2015 #3

Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more

Fracking Preemption Fight to Play Out in San Benito County

It appears that San Benito County will be the venue for the much-anticipated legal battle over whether local jurisdictions in California can ban hydraulic fracturing. In early November, San Benito County passed a...more

Denton Becomes First Texas City to Ban Hydraulic Fracturing

On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

City of Fort Collins, Colorado, Appeals Ruling Striking Down Fracking Bans

The week of September 22, the Fort Collins, Colorado, City Council voted to appeal a decision rendered last month that struck down the city’s fracking ban. In that August 2014 decision, a Larimer County District Court...more

State Bar, Environmental Law Section Presents Update on Fracking Regulations

The California State Bar, Environmental Law Section hosts an annual conference which welcomes attorneys and students from across the state to learn and discuss cutting edge environmental law issues. This year’s Environmental...more

Reviewing Courts' Approaches to State or Local Control of Hydraulic Fracturing

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

Industry Group Sues Compton for Moratorium on Hydraulic Fracturing

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

New York Court of Appeals Upholds Local Fracking Bans

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

Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

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

Colorado Supreme Court Clears Ballot Initiative Aimed at Bolstering Local Control of Oil and Gas Drilling

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[1] (Initiative 89). In affirming the finding of the state’s Ballot Title Setting...more

New York's Highest Court Holds that Zoning Laws of New York Towns Banning Fracking Are Enforceable — A Brief Analysis of the Oral...

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

New York and Colorado Confirm Local Governments' Rights to Ban Fracking

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

Environmental Law Alert - July 2014: New York Court Strikes Blow Against Fracking

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

New York’s Highest Court Affirms Zoning Ordinances Banning Hydrofracking

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

New York High Court Affirms Local Fracking Bans

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

New York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home...

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

Energy Newsletter - July 2014

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

NY High Court Hears Fracking Preemption Cases

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

Fracking Heats Up in California: Moratoria and Earthquakes

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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