Category Archives: Land Use

This Week’s Top Fracking Related Legal News

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  1. North Carolina Sets Distances Between Drilling and Homes and Streams
  2. Virginia to Expand Chemical Disclosures
  3. Proposed Fracking in George Washington National Forest Is Met With Vigorous Opposition
  4. New York Landowners Threaten Another Lawsuit Arising Out of Fracking Delays 
  5. New York Will Not Issue Fracking Permits Until At Least March 2015

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PA’s Highest Court Strikes Down Controversial Fracking Law

In August 2012, Shale Watch reported on a challenge to Pennsylvania’s controversial Act 13, a natural gas development law that prevented municipalities from utilizing zoning restrictions to limit where natural gas drilling could take place within their boundaries and granted state agencies sole authority to determine where fracturing should occur.  Last Thursday, the Pennsylvania Supreme Court affirmed the Commonwealth Court’s ruling and found that Act 13 unconstitutionally restricted the power of municipalities to govern gas drilling in their own jurisdictions. The most divisive provision of…

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NY’s Highest Court to Hear Two Fracking Ban Appeals

On Thursday, the New York Court of Appeals, the state’s highest court, agreed to hear challenges to two municipal bans on fracking.  In one, drilling company Norse Energy is challenging an appellate court’s decision upholding the Town of Dryden’s ban.  And in the other, the challenge is being made by a dairy farmer against the Town of Middlefield’s ban.  In each of the cases the lower court upheld the towns’ bans on the grounds that state mining law doesn’t trump the authority of municipalities to…

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New York Town Sued By Landowners Over Local Ban

ts_sidneymainstThere are a handful of lawsuits being litigated throughout New York over local moratoriums on hydraulic fracturing.  As has been widely reported, two Third Department decisions upheld localities’ powers to ban fracking.   Those decisions are being appealed to the New York Court of Appeals. Last week, another significant lawsuit was brought by landowners against the Town of Sidney.  Sidney is located in Delaware County. Earlier this year, Sidney’s five member Town Board narrowly passed a one year moratorium against fracking.   The vote was 3-2.  The…

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New York Court of Appeals Asked To Hear Fracking Case

Court of AppealsThe New York Court of Appeals has been asked to resolve the issue of whether localities and towns are empowered to ban hydraulic fracturing.   As readers of this page know, New York’s Appellate Division answered the question in the affirmative.  Tom West, attorney to Norse Energy, appealed to the Court to take the case, stating: We hope that the New York Court of Appeals recognizes the importance of this issue and greants leave to appeal to provide definitive guidance concerning this important issue of statewide…

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