Top Weekly Legal Fracking Stories

136000087456h8zWith summer quickly coming to a close, fracking litigation has picked up.  The following are some rerports of new lawsuits that were recently filed:

   
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New York Fracking-Related Land Use Litigation Heats Up

newyork-flag Recent events arising out of New York’s moratorium on fracking, as well as localalities’ outright bans on said practice, are causing a rapid uptick in land-use litigation. For example and as had been expected…, an appeal has been filed with respect to recent decision from the Supreme Court– New York’s trial level court–that dismissed challenges by landowners and others to continued delays by the State of New York with respect to whether to permit hydraulic fracturing. Those that have followed New York’s regulatory history with
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New York High Court Affirms Municipality’s Right to Ban Hydraulic Fracturing Within Its Boundaries

newyork-flagIn a 5-2 ruling on June 30, New York’s highest court rendered a decision… in a hotly contested case regarding the power of municipalities to ban hydraulic fracturing. The state’s Court of Appeals addressed two cases brought with respect to local zoning laws passed by the towns of Dryden and Middlefield. The specific legal issue was whether a locality’s zoning laws were preempted by New York’s Oil, Gas, and Solution Mining Law (OGSML). The court found that the zoning laws were not preempted, and that a municipality
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Pennsylvania Doctor’s Attack on “Medical Gag Rule” Dismissed

On Monday, a Federal District Court granted motions dismissing Dr. Alfonso Rodriguez’ lawsuit as against the Pennsylvania Department of Environmental Protection and Attorney General on the grounds that Dr. Rodriguez lacks standing to sue. Dr. Rodriguez’ lawsuit challenged the constitutionality of, what he called, the Medical Gag Rules of Pennsylvania’s Act 13.  The Medical Gag Rules provide that under certain circumstances, including when the information is necessary for diagnosis or treatment, doctors may request that fracking companies identify chemicals used in the procedure that are otherwise protected as trade…
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North Carolina Becomes the 22nd State to Permit Hydraulic Fracturing

Unknown-1North Carolina’s governor signed into law the Energy Modernization Act, which  lifts the moritorium on fracking.  North Carolina becomes the 22nd state to permit fracking.  It is predicted that shale gas exploration will begin in 2015.  Permits will be fast-tracked.  North Carolina officials and others debate the total amount of shale gas in North Carolina.   At least one academic has stated, however, that the Sanford sub-basin provides the best opportunity to extract natural gas from the state. Some predict…, on the other hand, that shale
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