Archive for July 5th, 2011

NY Local Governments and Zoning Bans for Hydraulic Fracturing – Part 2

MDN reported yesterday that Gregory Sovas recently addressed local government leaders in Upstate NY to brief them on the fact that local governments cannot enact laws—zoning or otherwise—that would prohibit hydraulic fracturing or drilling in the Marcellus and Utica Shale. The legal principle is that local government laws cannot supersede the state law when it […]

Compromise Coming in NJ Ban on Hydraulic Fracturing?

New Jersey Democrats in the state legislature are turning up the heat on Republican Gov. Chris Christie to sign a bill recently passed by both houses that would institute an outright ban on hydraulic fracturing. The NJ Senate passed the bill by a vote of 33-1, and the NJ Assembly vote was 58-11. So far, […]

WV Marcellus Legal Battle over Well Pads: Surface Rights Owners v. Mineral Rights Owners

In West Virginia, mineral rights are more complex than in other states because those rights in many (perhaps most) cases were separated from the land above it long ago due to coal mining. It is a situation that sometimes pits the rights of the surface owners of the land against the rights of those who […]


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