The Shale Play Today - February 2012

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In This Issue:

- Judicial Hostility Toward Fracking in N.Y. Reinforces Anti-drilling Perception

- Pa. Gov. Corbett Signs New Oil & Gas Legislation

- Wheeling, W.Va. Center of Gas Industry Activity

- Useful Resource: Interactive Rig Count Map

Excerpt from "Judicial Hostility..."

On February 21, 2012, in

Anshutz Exploration Corp. v.Town of Dryden, a New York court upheld a municipality's effort to restrict production of oil and natural gas within city limits. The case arose from the Town of Dryden's effort to ban horizontal-well fracking by amending a zoning ordinance to prohibit all activities related to exploration for, production and storage of oil and natural gas. Anshutz challenged Dryden's ordinance, arguing that it was preempted by state law. The court rejected Anshutz's argument and upheld Dryden's prohibition on drilling activity, concluding the state "statute governing oil and gas production does not preempt the power of a local government to exercise its zoning power to regulate the districts where gas wells are a permitted use."

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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