News & Analysis as of

Fracking Bans Preemption

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

Sheppard Mullin Richter & Hampton LLP

Environmental Litigation and Toxic Torts Update – Mountain West Coast Case Law Highlights

COLORADO CITY FRACKING BANS PREEMPTED BY STATE LAW - City of Longmont v. Colo. Oil and Gas Ass’n, 369 P.3d 573 (Colo. 2016), 2016 Colo. LEXIS 442; City of Fort Collins v. Colo. Oil and Gas Ass’n, 369 P.3d 586 (Colo....more

Stoel Rives LLP

Colorado Court Strikes Down Local Fracking Bans that Conflict with State Law

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On May 2, 2016, the Colorado Supreme Court issued opinions in two separate cases challenging local bans on hydraulic fracturing (“fracking”). A win for the oil and gas industry in the state, the Supreme Court held that the...more

Jackson Walker

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

Jackson Walker on

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

BakerHostetler

Texas Legislature Takes Further Aim at Local/Municipal Fracking Bans

BakerHostetler on

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

Stoel Rives LLP on

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

Stoel Rives LLP

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

Stoel Rives LLP on

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

BakerHostetler

“Frac Free Denton” Faces Legal Fight

BakerHostetler on

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

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

BakerHostetler on

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

BakerHostetler

Longmont Sued By Colorado Oil and Gas Association

BakerHostetler on

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

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