Events

Attorneys Kathy Condo and Blaine Lucas will co-present “Opposition to Shale Gas and Other Extractive Industries Continues to Grow at the Local Level” at EMLF’s 40th Annual Institute, June 9-11, 2019. Townhall settings have become ground zero for efforts to restrict unconventional shale development. NGOs have used Pennsylvania’s Environmental Rights Amendment to not only oppose operator zoning applications, but also to seek the invalidation of ordinances permitting industry activity. Many of these proceedings have evolved into battles of the experts, without the procedural safeguards existing in civil litigation. In West Virginia, local governments have attempted to restrict or ban extractive industries by adopting nuisance ordinances. Ohio activists continue to use referenda to implement restrictive ordinances. Federal and state preemption of local regulation has been the subject of litigation in many jurisdictions. This program will provide an overview of the case law addressing these issues.

Kathy Condo

Blaine Lucas