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Fracking › Local Ordinance

Fracking is a non-technical term for Hydraulic Fracturing. Fracking or Hydraulic Fracturing is a method for retrieving, otherwise inaccessible, natural gas and petroleum by injecting pressurized fluid and... more +
Fracking is a non-technical term for Hydraulic Fracturing. Fracking or Hydraulic Fracturing is a method for retrieving, otherwise inaccessible, natural gas and petroleum by injecting pressurized fluid and chemicals into underground rock causing fissures. The fissures widen and expand allowing petroleum and gas to escape and flow to areas where it can be retrieved.  less -
Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #2

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U.S. to Give Eight Nations Oil Waivers Under Iran Sanctions, Official Says - "The U.S. has agreed to let eight countries - including Japan, India and South Korea - keep buying Iranian oil after it reimposes sanctions on the...more

Troutman Pepper

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

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While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

BakerHostetler

Texas Town Repeals Voter-Approved Ban on Hydraulic Fracturing

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Just seven months after voters in Denton, Texas, approved a measure banning hydraulic fracturing within city limits, the Denton City Council voted 6 to 1 to repeal the ban. Council members called the move a “strategic repeal”...more

Jackson Walker

Looks Like Frack is Back, Governor Abbott Signs House Bill 40

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Yesterday, Governor Gregg Abbott signed into law House Bill 40, also known as the Denton Fracking Bill, which leaves municipalities with minimal power to regulate the oil and gas industry. The bill takes effect immediately...more

Stoel Rives LLP

Monterey County Rejects Fracking Moratorium

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On Tuesday, March 17, Monterey County’s Board of Supervisors voted against a temporary ban on hydraulic fracturing.  In the 3-2 vote, the majority of Supervisors stated that there is “no evidence of an immediate threat to...more

BakerHostetler

Texas Legislature Takes Further Aim at Local/Municipal Fracking Bans

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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

Stoel Rives LLP

Fracking Prohibition Challenge: Citadel Sues San Benito County over Local Fracking Ban

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On Friday, February 27, 2015, Citadel Exploration, Inc. (“Citadel”) filed suit against San Benito County in the County’s Superior Court, arguing that state law preempts Measure J, a county ordinance that prohibits hydraulic...more

BakerHostetler

New Mexico Federal Court Frames The Issues That Will Define Future Fights Over Local Fracking Regulation

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On January 15, 2015, the United States District Court for the District of New Mexico became the first federal court to address questions related to the scope of local governments’ ability to regulate oil and gas development...more

Stoel Rives LLP

Federal Judge Rules that State and Federal Law Preempts New Mexico’s Fracking Ban

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On January 20, 2015 a U.S. District Judge overturned New Mexico’s ban on hydrocarbon extraction, which included a prohibition on hydraulic fracturing (“fracking”) in the state. (SWEPI, LP v. Mora County et al., Case No....more

Gray Reed

Finding Fault with Fracking – Lawsuits and Earthquakes

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Lisa Frick, our fictional Denton resident, who collected anti-fracking ordinance signatures to put on the Denton City Ballot now complains that fracking near old Texas Stadium caused earthquakes that harmed her twin sister...more

Gray Reed

Meanwhile in Texas … Who Should Decide About Fracking?

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Rep. Phil King has introduced two bills relating to fracking. House Bill 539 would add requirements for municipalities that propose petitions or ordinances that will affect oil and natural gas production. The Bill would...more

BakerHostetler

2015 Texas Legislative Session Includes Twin Bills Concerning Municipal Fracking Bans

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With the opening of the 84th Session of the Texas Legislature on January 13, 2015, two of the more closely watched bills in the energy arena will be House Bill 539 (HB539) and House Bill 540 (HB540). HB539, filed on December...more

Zelle LLP

Fracking Bans Don't Trigger Civil Authority Coverage

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On Nov. 4, 2014, voters in Denton, Texas, which is home to more than 270 natural gas wells, approved a ballot initiative banning all hydraulic fracturing within the city’s limits. The Denton ban, which took effect on Dec. 2,...more

BakerHostetler

Denton Ban Emboldens Fracking Opponents in Other Texas Cities

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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

BakerHostetler

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

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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

Foley Hoag LLP - Environmental Law

Should Watersheds Have Standing? Should Corporations?

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In his seminal essay in 1972, Christopher Stone famously asked “Should Trees Have Standing?” Apart from Justice Douglas’s dissent in Sierra Club v. Morton, the idea has never gained much traction, at least in United States...more

BakerHostetler

“Frac Free Denton” Faces Legal Fight

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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

BakerHostetler

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

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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

Gray Reed

What’s Going On in Denton, Texas?

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As you probably know, the Denton City Council denied a petition signed by several thousand citizens to ban hydraulic fracturing within the city limits. The denial sent the question to the November 4 general election ballot. ...more

McNees Wallace & Nurick LLC

Leases Not Subject to Business Privilege Taxes - Commonwealth Court Case Presents Refund Opportunities

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The Pennsylvania Commonwealth Court, in a 5-2 decision, held that the Local Tax Enabling Act ("LTEA") bars taxing jurisdictions from imposing business privilege taxes, on leases or lease transactions. Fish, Hrabick and...more

BakerHostetler

Local Ohio Communities Allied in Defense of Ohio’s Home-Rule, Oil and Gas Showdown To Be Held in Ohio Supreme Court

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The litigation over the constitutionality of Ohio’s law R.C.1509.02 granting sole authority to the Ohio Department of Natural Resources to regulate activities associated with oil and gas exploration and production has reached...more

BakerHostetler

Broomfield Joins The Growing List of Colorado Cities That Will Have Fracking Bans On Ballots This Fall

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The Broomfield City and County Clerk’s office has determined that enough signatures have been collected to put a five-year fracking ban on the November ballot in the City and County of Broomfield....more

Spilman Thomas & Battle, PLLC

N.Y. Appellate Court: Municipalities Can Ban O&G Activity

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An intermediate appellate court in New York recently affirmed that a local government has the authority to enact zoning ordinances banning all oil and natural gas activities within municipal limits. In 2011, the Town of...more

BakerHostetler

New York Court Upholds Local Hydraulic Fracturing and Oil and Gas Development Bans

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Last Friday, a four judge panel of a New York appeals court upheld two local zoning laws that prohibit activities related to oil and gas exploration and development, including hydraulic fracturing. The decisions in Norse...more

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