By Michael C. Murphy Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders. Specifically, the Court ruled that there was nothing... Read More
On June 30, 2014, the New York Court of Appeals ruled that under the “Home Rule” principle, towns may ban oil and gas production activities, including but not limited to hydraulic fracturing, through the use of local zoning laws in the case... Read More
In a 4-3 decision, the Pennsylvania Commonwealth Court struck down portions of Act 13 of 2012, which had placed limits on the authority of local governments to regulate oil and gas industry activities. In its July 26, 2012 ruling on a legal challenge... Read More
By Russell L. Schetroma and Nathaniel I. Holland In a 4-3 decision [ enhanced version available to lexis.com subscribers ], the Pennsylvania Commonwealth Court struck down portions of the state's new law - dubbed Act 13 - governing Marcellus shale... Read More
By Russell L. Schetroma and Nathaniel I. Holland On Friday, July 27, the Commonwealth appealed the July 26, 2012 4/3 decision of the Commonwealth Court that struck down the provisions of Act 13 of 2012 that attempted to assure statewide uniformity... Read More
By Russ L. Schetroma On April 11, 2012, a senior judge of the Pennsylvania Commonwealth Court entered a preliminary injunction deferring the effective date of the provisions of Pennsylvania's Act 13 of 2012 affecting the authority of local governments... Read More
Columbia Law School's Center for Climate Change Law (CCCL) has prepared a first draft of a model small-scale solar-siting ordinance . The model ordinance offers a framework that can enable municipalities to implement and enforce the effective and... Read More