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local ordinance

Oakland Bulk & Oversized Terminal, LLC v. City of Oakland

ELR Case

A district court held that a city council breached a development agreement for a proposed export terminal when it passed an ordinance that banned coal operations at "bulk materials facilities" as well as a resolution that applied the...

Colorado Oil & Gas Ass'n v. City of Thornton

ELR Case

A Colorado court, on motions for summary judgment, held that state and federal law preempt portions of a city ordinance concerning the regulation of oil and gas development within its boundaries. The provisions for minimum setbacks...

State ex rel. Morrison v. Beck Energy Corp.

ELR Case

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

ELR Case

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...

Jeffrey v. Ryan

ELR Case

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...

Northeast Natural Energy v. Morgantown,

ELR Case

A West Virginia court overturned a city's ordinance banning the hydraulic fracturing of Marcellus shale. The city, characterizing the hydraulic fracturing process as a nuisance, argued that it has the authority to enact and enforce the...

Save the Plastic Bag Coalition v. City of Manhattan Beach

ELR Case

California's highest court reversed a lower court decision that a city needed to prepare an environmental impact report (EIR) for a local ordinance banning the use of plastic bags by local businesses. The court agreed that the...