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Division Discussion: Planning to Regulate the Location of Hydrofracking
Activity Code: S865
Date: Monday, April 15
Hydrofracking is occurring in 32 states and affecting municipalities in many ways. There is a robust debate underway about the pros and cons of this type of gas mining and local and state-wide controversy is heated in most of these states. Local economies and environments are affected as is the historic understanding of the division of regulatory authority between state and local governments.
Some states have preempted local zoning authority over the location of gas drilling, others have limited local prerogatives, and some have left local power in place. Courts have weighed in to sustain local authority in some states where legislatures have acted preemptively. Where localities have the authority to regulate, they have adopted a variety of approaches; where their power has been limited, they have nonetheless found methods of controlling local impacts. The session will cover a representative number of approaches at the state and local level to help participants understand the legal situation and the leeways and constraints localities have in each category.