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Hydraulic Fracturing

In re Lipsky

The Supreme Court of Texas held that courts may consider all relevant circumstantial evidence when granting or denying an expedited motion to dismiss suits that could stifle a defendant's communication on matters of public concern under...

Beardslee v. Inflection Energy, LLC

New York's highest court refused to extend hydraulic fracturing leases entered into between energy companies and landowners. The leases contained a "force majeure" clause, excusing the parties from nonperformance due to events outside...

Rodriguez v. Secretary of Pennsylvania Department of Environment

The Third Circuit upheld a lower court decision dismissing, on standing grounds, a doctor's claim challenging the constitutionality of a Pennsylvania law that limits a doctor's...

Bass Energy v. City of Broadview Heights

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...

State ex rel. Morrison v. Beck Energy Corp.

The Ohio Supreme Court held that a city may not restrict oil and gas drilling within its borders. The city sought to enforce five local ordinances limiting drilling within its borders after an energy company had already obtained the...

SWEPI, LP v. Mora County, New Mexico

A district court, in a 199-page opinion, struck down a local county ordinance banning oil-and-gas drilling, including hydraulic fracturing, within Mora County, New Mexico. Portions of the ordinance essentially provide that corporations...

Smith v. Illinois Department of Natural Resources

An Illinois court denied residents' motion to preliminarily enjoin the state's proposed hydraulic fracturing rules from going into effect. Illinois' environmental agency promulgated the rules under the state Hydraulic Fracturing...

Sovereign Operating Co. v. City & County of Broomfield

A Colorado court held that a voter-approved local ban on hydraulic fracturing cannot apply retroactively to ban oil and gas operations that a city approved in a prior agreement. The city entered into a memorandum of understanding in...

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...

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...