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Zoning

Nestlé Waters North America, Inc. v. Osceola, Township of

In an unpublished opinion, a state appellate court reversed a lower court decision that ordered a Michigan township to issue a zoning permit to a food and beverage company to construct a well pumping station on agricultural land. The...

Gorsline v. Board of Supervisors of Fairfield Township

Pennsylvania's highest court reversed a lower court decision that would have allowed a company to drill, construct, develop, and operate unconventional natural gas wells as a conditional use in a district zoned for residential and...

Delaware Riverkeeper Network v. Sunoco Pipeline L.P.

A Pennsylvania court affirmed a lower court decision dismissing residents' and an environmental group's lawsuit challenging the construction of a natural gas pipeline through a suburban township. The plaintiffs argued that a local...

Miami-Dade County v. Florida Power & Light Co.

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of new transmission lines in and near the East...

Gorsline v. Board of Supervisors of Fairfield Township

A Pennsylvania appellate court reversed a lower court order denying an energy company's application to construct and operate a natural gas well on land it has leased from a private landowner. The local board had granted the company a...

Energy Corp. USA v. Town of Dryden

New York's highest court held that local governments may ban oil and gas production activities, including hydraulic fracturing, through the adoption of local zoning laws. The case arose after two towns enacted zoning laws banning...

Elizondo v. Royalty Metal Furnishing, Inc.

A district court dismissed residents' lawsuit against a city for allowing a metals finishing plant to use and store acids and other dangerous chemicals. The residents' only factual allegation against the city is that it zoned the...

Arlington, Texas v. Federal Communications Comm'n

The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas. Section 332(c)(7)B) of the Communications Act of 1934, as...

Stockton Citizens for Sensible Planning v. Stockton, City of

A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group alleged that the approval violated planning and zoning laws....

Jeffrey v. Ryan

A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its local police powers and that it was therefore not...