Looking At The Legal Deficiencies Of Local Fracking Bans

Law360, New York (March 6, 2015, 10:34 AM EST) -- Hydraulic fracturing is an increasingly common method of oil and gas extraction, which has, thus far, largely escaped specific federal regulation or guidance. As more state governments allow fracking in oil and gas operations, anti-fracking groups have shifted their attention to municipalities and are driving the development of local bans and restrictions on fracking and drilling operations generally. While local governments may see this self-governance as a crucial means of exercising control over the impact of fracking on their communities, this patchwork of permitting oftentimes leaves drilling companies exposed to frustrating legal uncertainty, particularly where operators are already complying with stringent state requirements concerning oil and gas development....

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