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marcellus shale

Marcellus Shale Coalition v. Department of Environmental Protection

ELR Case

Pennsylvania's highest court largely upheld a temporary injunction enjoining the state environmental agency from enforcing certain regulations governing unconventional oil and gas operations. The court reversed the lower court's...

Pa. Envtl. Def. Found. v. Pennsylvania

ELR Case

The Pennsylvania Supreme Court held that the legislature’s diversion of oil and gas royalties from public lands to the general fund for non-conservation purposes violated the state constitution. In 1955, the legislature created an oil...

Marcellus Shale Coalition v. Department of Environmental Protection

ELR Case

A Pennsylvania court preliminarily enjoined the commonwealth from enforcing certain Marcellus Shale drilling regulations pending the outcome of an industry group's lawsuit. The group alleged that the regulations were unreasonable,...

Robinson Township v. Commonwealth

ELR Case

The Pennsylvania Supreme Court struck down as unconstitutional portions of a 2012 law governing oil and gas operations in the Marcellus Shale. This is the second time the law, known as Act 13, has been reviewed by the court: in 2013,...

Maryland: Energy

ELR State Update Item

Pennsylvania Environmental Defense Foundation v. Pennsylvania

ELR Case

A Pennsylvania court held that the state legislature acted within its constitutional authority when it gave itself the power to transfer money out of a special account, funded by oil and gas revenue from state lands, that had been set...

Robinson Township v. Commonwealth

ELR Case

A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory...

The Attack on Frack: New York’s Moratorium on Hydraulic Fracturing and Where It Stands in the Threat of Takings

ELR Article

The Marcellus Shale region is experiencing a boom in natural gas drilling due to high-volume horizontal hydraulic fracturing, more commonly known as hydrofracking. This process has recently become controversial due to alleged drinking...

Getting to “Yes”: A Proposal for a Statutory Approach to Compulsory Pooling in Pennsylvania

ELR Article

The natural gas reserves in the Marcellus Shale gas play offer profound economic potential as new technologies make its extraction economically viable. However, Pennsylvania’s current oil and gas conservation laws lack a comprehensive...

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...