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Energy Management Corp. v. Shreveport, City of

Citation: 35 ELR 20013
No. No. 03-30677, (5th Cir., 01/13/2005)

The Fifth Circuit held that a local ordinance that prevents a corporation that owns state-granted mineral interests under and around a lake from drilling within 1,000 feet of that lake is preempted by Louisiana's comprehensive regulation of oil and gas drilling. The ordinance, therefore, is invalid to the extent that it purports to prohibit the drilling of oil and gas wells in an area within the state of Louisiana, an authority granted exclusively by state statute and regulations to the Louisiana Office of Conservation. The corporation's takings claim, however, is barred by prescription.