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ARTICLE · 16 DECEMBER 2014

A New Battle Strategy In The Fracking Wars?

Fox Rothschild LLP
Fox Rothschild LLP
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The wars between state regulators and local governments over the regulation of oil and gas activity, particularly fracking, have largely centered on issues of state control and preemption.

United StatesEnergy and Natural Resources

The wars between state regulators and local governments over the regulation of oil and gas activity, particularly fracking, have largely centered on issues of state control and preemption. 

Recently, however, a Republican state legislator announced plans to present a new battle strategy – counties enacting bans on fracking would be required to compensate mineral owners for the lost value of their property. 

Many lawyers have long debated the legal issues and challenges to asserting a claim that a ban on fracking was tantamount to an unconstitutional taking for which the mineral rights owner(s) should be entitled to just compensation.  Numerous potential legal questions would need to be resolved in any such litigation:

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