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Tag Archives: Preemption

OH: Preemption of Local Drilling Ordinances Upheld

Posted in Energy
Yesterday, in State of Ohio ex rel. Morrison v. Beck Energy Corp., 2013-Ohio-356, the Ninth District Court of Appeals held that the state oil and gas regulatory program contained in Revised Code Chapter 1509 prevented the enforcement of local ordinances requiring municipal drilling permits and zoning certificates for the construction of an oil and gas… Continue Reading

NY: Local Ban Struck Down

Posted in Energy
The Press & Sun-Bulletin is reporting that a state Supreme Court judge has struck down a local drilling ban in New York:  "In an order signed Tuesday, state Supreme Court Justice Ferris D. Lebous said the local ordinance signed into law by Binghamton Mayor Matthew T. Ryan last December ‘fails to meet the criteria for… Continue Reading

Local Regulation and Development

Posted in Energy
We’ve reported a number of times on issues related to local regulation of oil and gas development (see here, e.g.). For example, we just reported on the recent Robertson Township decision in Pennsylvania overturning much of Act 13 (which would otherwise preclude local regulation).  Here is an article from Times Herald-Record reporting on an operator’s frustration… Continue Reading

Parts of PA Act 13 Ruled Unconstitutional

Posted in Energy
The Philadelphia Inquirer is reporting that "[m]ajor provisions of Pennsylvania’s controversial law governing the oil and natural-gas industry were ruled unconstitutional Thursday, allowing communities to keep drilling away from homes, schools, and parks."  More – "The provisions of Act 13 that override local zoning and environmental laws are ‘unconstitutional, null, and void,’ President Judge Dan… Continue Reading

Local Development Bans Upheld in NY

Posted in Energy
Two local bans targeting hydraulic fracturing were recently upheld in New York, according to this article in Bloomberg:  "Middlefield, New York’s 2011 ban on gas drilling, including hydraulic fracturing, was upheld by State Supreme Court Judge Donald Cerio Jr. yesterday, according to Tom West, an attorney representing Cooperstown Holstein Corp., a dairy farm that challenged… Continue Reading

Next PA Obstacle: Local Regulations

Posted in Energy
The Daily Local News is reporting that local regulation may be the next big obstacle to oil and gas development in Pennsylvania:  "Kathryn Klaber, president of the Marcellus Shale Coalition, an industry group, told the commission Friday that drilling firms are having difficulty navigating the 779 zoning ordinances in the 1,491 municipalities in the Marcellus… Continue Reading

Texas Preemption Decision

Posted in Energy
Local regulation of E&P activities is a hot topic around the country.  In the context of a preliminary injunction request, the U.S. District Court for the Northern District of Texas recently held that the federal Pipeline Safety Act did not preempt (in large part) a local government’s zoning requirements because they regulated the aesthetics of… Continue Reading