July 2014

You are browsing the site archives for July 2014.

On July 16, 2014, the City Council of Denton, Texas rejected an ordinance that would prohibit hydraulic fracturing. The initiative will now be considered by the Denton residents in the November election. Earlier this year, the City Council unanimously approved a temporary ban on fracking which is effective through September. (more…)

As many states and the federal government look towards calling for greater disclosure and regulation of the chemicals used in hydraulic fracturing, state senators in North Carolina appear to be pushing against the tide in seeking legislation to criminalize the disclosure of fracking chemicals designated as trade secrets or confidential. In late May, the North Carolina Senate passed the “Energy Modernization Act,” which designates state geologists custodians of confidential information about fracking fluids and makes releasing such information “knowingly or negligently” a misdemeanor. As drafted, the legislation permits disclosure of otherwise protected information to healthcare providers, the public safety department or the fire chief in cases of emergency, and further requires the reporting of any banned fluids to the state Mining and Energy Commission. The bill has now moved on to the state’s House of Representatives for consideration. (more…)

On Monday, June 30, the highest courts in both New York and Colorado confirmed local municipalities’ rights to regulate land use within their jurisdictions. The New York State Court of Appeals upheld two towns’ bans on shale gas drilling, including hydrofracking, holding that the state’s “Oil, Gas and Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use.” https://www.nycourts.gov/ctapps/Decisions/2014/Jun14/130-131opn14-Decision.pdf (more…)