News & Analysis as of September 21, 2024

Preemption

+ Follow

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 -

Currents - Energy Industry Insights - November 2018 #2

Spilman Thomas & Battle, PLLC on 11/9/2018

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

The Saga of Pennsylvania's Act 13 Comes to an End

Spilman Thomas & Battle, PLLC on 9/30/2016

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

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

Jackson Walker on 5/27/2015

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

Texas Legislature Takes Further Aim at Local/Municipal Fracking Bans

BakerHostetler on 3/13/2015

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

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

Stoel Rives LLP on 3/5/2015

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

State Oil and Gas Laws v. Local Control: The Struggle Continues in Ohio

BakerHostetler on 2/24/2015

On February 17, 2015, the Ohio Supreme Court announced its ruling in The State Ex Rel. Morrison v. Beck Energy Corporation et al. That closely-watched case addressed whether local ordinances that impact drilling operations...more

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

Stoel Rives LLP on 1/29/2015

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

“Frac Free Denton” Faces Legal Fight

BakerHostetler on 11/10/2014

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

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

Baker Donelson on 7/31/2014

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

Ohio Court: State Oil And Gas Law Pre-Empts Local Drilling Regulations

BakerHostetler on 2/28/2013

The nationwide oil and gas boom has exposed a rift in the relationship between state and local governments seeking to regulate shale drilling and development. This tension has been playing out in several key shale states –...more

The "State" of the Shale Play in the United States: A Look Back on 2012 and What to Expect in 2013

BakerHostetler on 2/5/2013

During 2012, several states adopted new statutory and regulation programs addressing the exploitation of shale resources within their boundaries. Continuing a common election year theme, Congress took no significant formal...more

Longmont Sued By Colorado Oil and Gas Association

BakerHostetler on 12/18/2012

Last week we reported that the state of Colorado would not directly sue the town of Longmont to challenge the ban on hydraulic fracturing that town voters enacted in the November election....more

12 Results

View per page

Page: of 1

Fracking › Oil & Gas › Preemption

"My best business intelligence, in one easy email…"