After years of speculation, the New York State Governor announced at a cabinet meeting, with his health and environmental commissioner by his side, that New York would not authorize permitting
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Hydrofracking
Pennsylvania Commonwealth Court Invalidates PUC Review of Local Natural Gas Regulation
In February 2012, Pennsylvania adopted comprehensive revisions to its Oil and Gas Act known as “Act 13.” Among the changes was an expanded preemption of local regulation of oil and…
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New York Court Tosses Property Owners’ Little NEPA Challenge to New York State’s Failure To Complete Hydraulic Fracturing EIS For Lack of Standing
A trial court in Albany, New York has landed another blow against high-volume hydraulic fracturing (“HVHF”) in New York by tossing two lawsuits (decisions available here and here) brought…
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Court of Appeals’ Dryden/Cooperstown Decision – Sanctity of Local Zoning Upheld, But Does It Doom NY Fracking?
This post follows up on today’s earlier post on the New York Court of Appeals’ decision in Wallach v. Dryden and Cooperstown Holstein Corp. v. Middlefield.
In a 5-2 vote, New York’s highest court – the Court of Appeals – upheld the power of local governments to ban, through adoption of local laws, high-volume hydraulic fracturing. The Court made its ruling in the face of broad statutory language in New York’s Oil, Gas and Solution Mining Law (OGSML) that preempts “all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries.” The Court relied heavily on its 1987 decision in Matter of Frew Run Gravel Products v. Town of Carroll, 71 N.Y.2d 126 (1987), in which the court, interpreting a preemption provision contained in the State’s mining law, drew a distinction between laws regulating how mining is conducted versus laws regulating where the activity could take place. The court found that the seemingly broad language contained in the OGMSL preemption provision only spoke to laws regulating “the actual operations of the oil and gas industries.” The Court thus rejected the Industry Appellants’ main argument that a ban does constitute the regulation of actual operations. The court found that, while local zoning bans would “undeniably have impact on the oil and gas enterprises,” the bans at issue regulated land use in general and did not attempt to regulate the details, procedures and operations of the oil and gas industries. The court drew heavily on its view that the regulation of local land use is “one of the core powers of local governance.”Continue Reading Court of Appeals’ Dryden/Cooperstown Decision – Sanctity of Local Zoning Upheld, But Does It Doom NY Fracking?
New York Court of Appeals Upholds Municipalities’ Fracking Bans
The New York Court of Appeals has just released its decision upholding the right of local governments to enact bans on high volume hydraulic fracturing. The court held that the…
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EPA Initiates Rulemaking On Reporting About Hydraulic Fracturing Fluids
From Chris Bell of GT Houston:
EPA today published an advanced notice of proposed rulemaking seeking comment, by August 18, 2014, on a variety of options EPA is considering to collect and make available to the public information about chemicals used in oil and gas exploration and production, particularly those used in hydraulic fracturing. 79 Fed. Reg. 28664 (May 19, 2014). This ANPRM signals the potential for a rule requiring disclosure of detailed information about chemicals used in hydraulic fracturing E&P activities, possibly imposing obligations on everyone from the manufacturers or importers of the chemicals to the service companies or well operators who mix the chemicals onsite prior to use. This initiative is the outcome of a TSCA rulemaking petition filed in 2011 by over 100 environmental and public interest groups, which EPA denied in part and granted in part.Continue Reading EPA Initiates Rulemaking On Reporting About Hydraulic Fracturing Fluids
Regulating Fracking: Zoning and States’ Interests
From Jillian Bunyan of GT Philadelphia:
In her recent Pennsylvania Law Weekly article, Jillian Bunyan discusses the issue of local zoning and hydraulic fracturing (“fracking”). Ms. Bunyan uses the…
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New York Appellate Court Affirms Broad Right of Local Governments To Use Zoning to Ban Gas Drilling
From Steven C. Russo of GT New York:
In a much awaited ruling, an upstate New York appellate court unanimously upheld the right of local governments to zone…
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Pennsylvania Supreme Court Maintains Presumption that Oil and Gas are Not “Minerals”
On Wednesday, the Pennsylvania Supreme Court decided Butler v. Charles Powers Estate, No. 27-MAP-2012 (Pa. Apr. 24, 2013), re-affirming the general presumption in Pennsylvania law that a deed that…
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New York State Department of Environmental Conservation Issues Revised Hydrofracking Regulations
On November 29, the New York State Department of Environmental Conservation (NYSDEC) released revised proposed regulations that would govern high volume hydraulic fracturing – “hydrofracking” – in the state of New York, together with the agency’s assessment of and response to the nearly 66,000 public comments received to date. …
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