Category Archives: Land Use

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,…

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This Week’s Top Fracking Related Legal News

  • 136000087456h8zNorth Carolina Governor signs a bill into law lifting the 2012 moratorium on fracking and paving the way for new permits to be issued as soon as next Spring.  This comes just two weeks after the North Carolina legislature introduced a bill which would impose criminal penalties to those persons that publicly disclose fracking chemicals that are deemed trade secrets. 
  • New York’s highest court hears oral arguments in two cases concerning whether towns can use zoning regulations to ban fracking.
  • Rural Nevada county files administrative

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New Rules In Ohio Address Seismic Monitoring At Drill Sites

The Ohio Department of Natural Resources (ODNR) has released strict new guidelines for monitoring seismic activity at drill sites in the state. The new rules come as state officials publically acknowledge the “probable” connection between drilling operations and a series of small earthquakes that shook northeast portions of the state last month. Previous studies have found connections between the underground injection of fracking wastewater and tremors, but this latest study marks the first time that drilling operations have been linked to earthquakes in the state.…

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Anti-Fracking Protester Fights Injunction Preventing Her From Tresspassing Onto Private Lands

In a heated battle concerning land rights of lessees and property owners to be free of tresspassers versus First Amendment rights of protestors, the Pennsylvania Court of Common Pleas heard arguments as to whether to modify an existing injunction against a Pennsylvania resident from travelling onto privately owned and leased land.   The resident is a vocal opponent of hydraulic fracturing and had sought to have the injunction lifted or modified.  She had reportedly given tours of drilling sites and piplines to anti-fracking activists, including celebreties.   …

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Second Fracking Lawsuit Threatened By New York Landowners

3a8732966c7469fdb38314b42f55d848A second lawsuit is reportedly being threatened against the State of New York by a number of landowners who believe that the Department of Environmental Protection has abused its discretion with respect to its on-going health review of hydraulic fracturing in New York. According to reports, a letter has been sent to the DEC stating that the agency is in violation of various state statutes (i.e., the New York Environmental Quality Review Act and the Environmental Conservation Law) because the statutes require that the health…

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