Town vs. State Over ‘Fracking’ Regulations

According to a recent Stateline.com article, at least 246 municipalities in 15 states have passed laws restricting oil and gas development.  Responding to what their proponents see as lax state laws, these regulations generally limit “fracking,” a controversial method of extracting oil and natural gas, by injecting millions of gallons of water and chemicals into deep underground wells.  While the process has helped unlock previously unobtainable resources, lower natural gas prices, and create economic booms, it has also raised fears of damaging the environment, property values, and local infrastructure.

With so many new local laws, state courts have become involved in determining how much local rule towns have.  But even at that level, there’s no widespread consensus on how to proceed.  In New York, the court upheld drilling bans passed by the small towns of Dryden and Middlefield.  In West Virginia, the court ruled against Morgantown’s fracking ban.  And in Pennsylvania, the state’s Commonwealth Court recently struck down a provision in state law that would have overridden local ordinances.  In response, Governor Corbett announced that the state would appeal the court’s decision.