Author Archives: Andrew J. Scholz

Texas Lawsuit Commenced Over City Ordinance Ban

UnknownThe issue of whether a municipality has the power to outright ban hydraulic fracturing has presented itself in the State of Texas.   On November 4, 2014, votors passed an ordinance that banned hydraulic fracturing in the City of Denton.   The municipality sits atop the Barnett Shale.    The ordinance provides, in pertenant part, as follows: It shall be unlawful for any person to engage in hydraulic fracturing within the corporate limits of the City…  The violation of or noncompliance with this article by any person, firm,…

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Department of Energy Study Finds No Contamination Associated With Marcellus Frac Wells

FERC The Department of Energy  released a study that, in short, concludes that there is no link between hydraulic fracking in the Marcellus Shale and groundwater contamination.  The DOE, which was given access by the industry to monitor multiple sites, monitored situes both during and after  the fracking process.  It discovered that the chemicals used to free gas remained 5,000 feet below any drinking water supplies.   The DOE indicated that the frac fluids remained approximately one mile below drinking water.   DOE researchers used “tracers” and monitored…

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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…

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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…

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