Category Archives: Uncategorized

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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This Week’s Top Fracking Related Legal News

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Exxon Mobil Subsidiary to Face Criminal Charges

A subsidiary of Exxon Mobil Corp. will face criminal charges for allegedly dumping thousands of gallons of fracking waste at a Marcellus Shale drilling site in 2010. Following a preliminary hearing, Pennsylvania Magisterial District Judge James G. Carn ruled last week that all eight charges levied against XTO Energy, including violations of both the state Clean Streams Law and the Solid Waste Management Act, were supported by sufficient evidence to continue. Pennsylvania’s Attorney General filed criminal charges back in September based on allegations that XTO…

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Pennsylvania Appeals Ruling on State Fracking Law

The state of Pennsylvania has appealed a recent decision from the state Supreme Court that struck down parts of a 2012 law governing oil and gas drilling within the State. In December, the Pennsylvania Supreme Court voted 4-2 that key provisions of Act 13 were unconstitutional. That decision expanded the rights of local governments to restrict fracking within their city limits. On appeal, the State is asking the Supreme Court to remand the case to a Pennsylvania court for further fact finding. The State Department…

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Pennsylvania Doctor Lacks Standing To Challenge Chemical Disclosure Statute

Middle District PennsylvaniaThe United States District Court for the Middle District of Pennsylvania has dismissed a doctor’s lawsuit challenging a Pennsylvania’s Oil and Gas statute that prohibits doctors from disclosing frac fluid information outside the confines of treatment.  Specifically, in Rodriguez v. Krancer, Plaintiff, a nephrologist,  claimed that Pennsylvania’s chemical disclosure statute– a statute that permits disclosure of the content of frac fluid to a doctor who treats a patient on an emergency basis but, at the same time, restricts the doctor from disclosing said content–…

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