Category Archives: Land Use

Fracking Litigation Comes To Florida

Environmental groups recently filed a lawsuit in the United States District Court for the Southern District of Florida, Fort Myers Division, seeking to challenge the National Park Service, Department of the Interior, and others, with respect to the recent approval of seismic testing.  Seismic testing is utilized  to identify oil and gas.  Specifically, the plaintiffs allege that the testing threatens the Big Cypress national preserve:  “Big Cypress is an extraordinary and unique national treasure. It is an extension of the Everglades hydrologic system and provides…

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Top Fracking Related Legal Stories of the Week

imagesHere are the top fracking related legal stories of the week:

  1.        North Carolina fast tracking fracking regulations.
  2.        DOI and BLM Named In Navaho Reservation Related Lawsuit.
  3.        Bill Introduced In House of Representatives To Compensate 
    Landowners For Fracking Bans.
  4.        Study Ties Hydraulic Fracturing to Seismic Activity.
  5.       Antitrust Lawsuit Filed Related to Marcellus Shale Gas Royalties

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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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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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