News & Analysis as of

New York Bans Hydraulic Fracturing

The ban comes in light of a report from the New York State Department of Health claiming there is insufficient information to understand the health risks....more

The Shale Play Today - December 2014

In This Issue: - Breaking News: America's Next Energy Hub - Philadelphia Dealt Major Setback - First Long-Term Comprehensive Field Study of Natural Gas Underway - 1,000 More Miles of Pipeline Planned to...more

Local and National Environmental Groups Seek to Intervene in Denton Fracking Case

On Thursday, December 4, 2014, in Texas Oil and Gas Assoc. v. City of Denton, Cause No. 14-08933-431, 431st District Court, Denton County, Texas, the Denton Drilling Awareness Group and Earthworks filed a Joint Petition in...more

Denton Ban Emboldens Fracking Opponents in Other Texas Cities

After the first municipal ban on hydraulic fracturing in Texas went into effect on December 2in Denton, residents of other Texas cities are considering whether to pursue bans in their own backyards. Residents from disparate...more

To Fracture or Not to Fracture, That Is the Question in Florida

Using one line to get to the heart of the matter, on December 2, 2014, two Florida senators filed a bill aimed to ban fracking throughout the state. Senate Bill 166 defines hydraulic fracturing as the process of pumping...more

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other...more

Colorado Oil & Gas Association Seeks Overturn of Broomfield Hydraulic Fracturing Ban

On Monday, November 24, the Colorado Oil & Gas Association (COGA) filed a lawsuit in the Broomfield District Court for declaratory judgment to invalidate that city’s temporary ban on hydraulic fracturing. The ban, known as...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

Ohio Elections Yield Mixed Results on Local Hydraulic Fracturing Bans

Last week’s Election Day in Ohio produced victories for fracing supporters and opponents alike. Proposed hydraulic fracturing bans were on the ballot in four different municipal contests. Voters in one city, Athens, approved...more

Election Scoreboard: Frackers 4, Anti’s 4

Hydraulic fracturing bans had eight at-bats last Tuesday. Here are the results. Denton, Texas - YES 58.64%... NO 41.36%...more

“Frac Free Denton” Faces Legal Fight

On November 4, 2014, Denton, Texas, became the first Texas city to vote to ban fracking within city limits, as covered by Reuters, the Star-Telegram, and The Wall Street Journal. The ballot initiative, which passed with just...more

Two County Fracking Prohibitions Succeed While One Fails: What the Voting Results in Santa Barbara, San Benito, and Mendocino...

On Election Day, Tuesday, Nov. 4, three counties in California presented voters with measures to ban hydraulic fracturing and other forms of intensive oil and gas operations. Voters in Santa Barbara County rejected the...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

Suit by Denton, Texas, Royalty Interest Owners Could be Harbinger of More Suits If Proposed Hydraulic Fracturing Ban Passes

Ahead of the November 4th vote that could make it the first city in Texas to ban hydraulic fracturing, the City of Denton has been sued by a group of royalty interest owners claiming that the city’s current temporary ban...more

California Environmental Law and Policy Update - September 2014

Environmental and Policy Focus: Federal agency to resume leasing for hydraulic fracturing in California: ABC News - Aug 28: The U.S. Bureau of Land Management will resume issuing oil and gas leases next year for...more

Colorado State Court Strikes Down a Second City-Wide Fracking Ban

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

Fracking Hearings Set to Begin in North Carolina

This Wednesday in Raleigh will see the first of four upcoming public hearings in North Carolina over the state’s proposed fracking rules. The hearings are part of the final phase of rule making, coming after two years of...more

Governor Christie Vetoes New Jersey Fracking Ban

Last week, New Jersey Governor Chris Christie vetoed legislation that would have banned the treatment, discharge, and disposal of fracking wastewater in the state, arguing that the bill violated the United States...more

California Environmental Law and Policy Update - August 2014 #2

Environmental and Policy Focus - Appellate court upholds environmental work for high-speed rail via Pacheco Pass: Fresno Bee - Jul 24 -- State appeals justices on Thursday upheld a lower court's approval of an...more

California Environmental Law and Policy Update - August 2014

Environmental and Policy Focus - Richmond approves massive Chevron refinery project with $90 million in community benefits: Contra Costa Times - Jul 30: Chevron's five year-plus quest to initiate a $1 billion upgrade...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

Texas Railroad Commission Chairman Calls Proposed Denton Fracking Ban ‘Extremely Misguided’; Asks City Council to Reject Measure

On July 11th, Texas Railroad Commission Chairman Barry Smitherman sent a letter to the mayor and city council members for Denton, Texas asking that the council reject a proposal to ban hydraulic fracturing in Denton. Chairman...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

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