Tag: local government

Colorado Court Strikes Down Local Fracking Bans that Conflict with State Law

On May 2, 2016, the Colorado Supreme Court issued opinions in two separate cases challenging local bans on hydraulic fracturing (“fracking”).  A win for the oil and gas industry in the state, the Supreme Court held that the challenged fracking bans were preempted by state law in both cases.  These decisions highlight the legal principle … Continue Reading

States Show Their True Colors on Fracking – One Enacts a Ban, While Two Others Prohibit All Local Bans

Three states have recently taken a stand for or against controversial bans on hydraulic fracturing. Oklahoma, Texas, and Maryland have all passed laws within the past month relating to hydraulic fracturing bans. Oklahoma Last Friday, Oklahoma Governor Mary Fallin signed Senate Bill 809, which prohibits local governments from choosing whether to have oil and gas … Continue Reading

Federal Judge Rules that State and Federal Law Preempts New Mexico’s Fracking Ban

On January 20, 2015 a U.S. District Judge overturned New Mexico’s ban on hydrocarbon extraction, which included a prohibition on hydraulic fracturing (“fracking”) in the state.  (SWEPI, LP v. Mora County et al., Case No. 1:14-cv-00035-JB-SCY, filed Jan. 19, 2015.) Mora County, a political subdivision of the State of New Mexico, enacted the ban through a … Continue Reading

Draft Of Model Silica Sand Mining Regulations Released By Minnesota Environmental Quality Board

Update: The Minnesota Environmental Quality Board extended the public comment period for the draft model guidelines by two weeks.  The deadline for public comments is now January 27. On December 13, the Minnesota Environmental Quality Board (EQB) – in collaboration with several other state agencies, including the Minnesota Department of Natural Resources (DNR) and the Minnesota Pollution … Continue Reading
LexBlog