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Colorado Oil & Gas Ass'n v. City of Lafayette, Colorado

A Colorado court held that the Colorado Oil and Gas Conservation Act preempts a city's ban on all oil and gas extraction and related activities within the city's boundaries. The court held that the operational conflict in this case was "obvious and patent" on its face. There is no way to harmonize t...

Gorsline v. Board of Supervisors of Fairfield Township

A Pennsylvania court vacated and reversed a town's decision to issue a special use permit allowing an energy company to construct and operate an unconventional natural gas well pad near landowners' private property. The landowners presented substantial evidence that there is a high degree of probabi...

Exelon Wind 1, LLC v. Nelson

The Fifth Circuit upheld a Texas Public Utilities Commission (PUC) rule that effectively prohibits a wind energy company from forming "legally enforceable obligations" when selling power to public utilities. The Public Utilities Regulatory Policies Act of 1978 (PURPA) seeks to promote the purchase o...