Ohio City's Ban on Oil and Gas Drilling Struck Down
An Ohio court struck down a city's ban on drilling new oil and gas wells within its jurisdiction. On the one hand, the ban is a clear exercise of the city's police power; by attempting to ban oil and gas drilling, the city is trying to protect the public health and general welfare. But the ban is in direct conflict with the state's regulatory scheme for oil and gas operations.
BLM Issues Rulemaking for Hydraulic Fracturing on Federal and Indian Lands
BLM, after extensive public comment and supplemental drafts, issued a final rule on hydraulic fracturing to complement existing regulations designed to ensure the environmentally responsible development of oil and gas resources on federal and Indian lands, which were finalized nearly 30 years ago, in light of the increasing use and complexity of hydraulic fracturing coupled with advanced horizontal drilling technology.
Corps Has Jurisdiction Over Wetlands on Developer's Property
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's property. The court had previously remanded the case because the record demonstrated a nexus but not significance. On remand, the Corps expanded its administrative record and successfully demonstrated there was a significant nexus.
The March 2015 issue of ELR's News & Analysis features excerpts from three of the seven books published by ELI Press in 2014. In the first excerpt, Cynthia Giles, a contributing author to LeRoy Paddock's and Jessica Wentz's Next Generation Environmental Compliance and Enforcement, discusses key elements of EPA's “Next Gen” compliance initiative. The second excerpt, from John Nolon's Protecting the Environment Through Land Use Law: Standing Ground, presents a comprehensive framework for applying traditional land use authority to preserve natural resources and the environment. And an excerpt from Barry Hill's Environmental Justice: Legal Theory and Practice introduces readers to the concept of environmental justice and its relationship to sustainable development. The issue also includes the transcript to an ELI seminar on key issues in setting water quality standards.