News & Analysis as of

Well Drilling Local Ordinance

Houston Harbaugh, P.C.

Commonwealth Court Sends Drilling Waste Injection Well Case Back to Zoning Hearing Board

Houston Harbaugh, P.C. on

In Plum Borough v. Zoning Hearing Board of the Borough of Plum,____ A.3d ____ , No. 1198 CD 2022 (Pa. Commw. Ct. Jan. 29, 2024), the Pennsylvania Commonwealth Court vacated the grant of a special exception to Penneco...more

Perkins Coie

County’s Blanket Classification of All Well Permits As Ministerial Under CEQA Was Improper

Perkins Coie on

Where a county ordinance allowed for exercise of discretion in some circumstances regarding issuance of well construction permits, such permits could not categorically be classified as ministerial and hence exempt from CEQA...more

Downey Brand LLP

California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

Downey Brand LLP on

On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not...more

Gray Reed

Gas Well Operator’s Injunction Against Texas Town is Dissolved

Gray Reed on

In Town of Flower Mound v. Eagle Ridge Operating LLC, an operator’s injunction against enforcement of a local ordinance was dissolved. EagleRidge operates gas wells in the Flower Mound. A Town ordinance prohibits work on gas...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2019 #3

PA Supreme Court Upholds Decision Allowing Drilling in All Districts Under a Local Zoning Ordinance as Long as They Meet Standards - "This case is one of several recent decisions in Commonwealth Court and the PA Supreme...more

Downey Brand LLP

California Supreme Court Set to Review Companion Groundwater Cases and Resolve When County-Issued Well Permits May Be Treated As...

Downey Brand LLP on

After a long drought, the California Supreme Court at its November 14, 2018 conference voted unanimously to grant review of three decisions involving the question of whether well permits issued pursuant to county ordinances...more

Gray Reed

Man Bites Dog – Local Zoning Board Okays Drilling-Friendly Ordinance

Gray Reed on

In Frederick v. Allegheny Township Zoning Hearing Board, et al, the Pennsylvania Commonwealth Court affirmed a local zoning ordinance allowing oil and gas operations in all zoning districts in the Township as long as they...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #2

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

Tucker Arensberg, P.C.

Gorsline Case Encourages Municipalities to Regulate Drilling via Zoning Ordinance

Tucker Arensberg, P.C. on

On June 1, 2018, the Pennsylvania Supreme Court issued an opinion in Gorsline v. Bd. of Sup. of Fairfield Twp., which stressed the importance of municipalities’ zoning ordinances stating explicitly where oil and gas drilling...more

BakerHostetler

An Update on Recent Oil- and Gas-Related Decisions in Ohio

BakerHostetler on

Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more

BakerHostetler

Pennsylvania Public Utilities Commission Appeals Act 13 Ruling to State Supreme Court

BakerHostetler on

The Pennsylvania Public Utilities Commission (PPUC) is asking the state Supreme Court to review a July ruling by the Pennsylvania Commonwealth Court that strips PPUC of its authority to review and approve local drilling...more

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