Fracking Bans In Colo. And Ohio May Be Unenforceable

Law360, New York (November 20, 2013, 7:21 PM EST) -- Voters in Oberlin, Ohio, and the Colorado cities of Boulder, Broomfield, Fort Collins and Lafayette decided on Nov. 5, 2013, to prohibit certain oil and gas operations — including hydraulic fracturing or "fracking" — within their respective city limits. Similar ballot initiatives were rejected by voters in the Ohio cities of Youngstown and Bowling Green. However, these new restrictions may end up being unenforceable, in whole or in part, due to the clashes they create between state and local regulatory authority.

Colorado

Local ballot initiatives in Boulder, Fort Collins, Broomfield and Lafayette looked to limit oil and gas development — either...

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