January 10, 2013

ELI/ALI CLE: Role of Localities and the Public in Shaping Drilling's Future

Co-sponsored by the Environmental Law Institute and ALI CLE

There has been significant focus on developing best practices and regulatory approaches to address a wide range of potential impacts associated with shale gas development. But there is a category of impacts, commonly referred to as community impacts, that are not easily amenable to such regulation yet are inherent in oil and gas development. These impacts may be best addressed by localities, who have traditionally had primacy in the land use arena. In some states, local governments have significant say over whether and how shale drilling takes place; in others, localities have little to none. This panel examined the existing role of local governments, and searched for likely trends in various jurisdictions, including:

• Active litigation over the scope of local jurisdiction
• Practical implications of local regulation
• Legal issues regarding pre-emption, takings, and zoning
• Role of local citizen activism in shaping gas development

Faculty:
Kate Sinding, Senior Attorney and Deputy Director, New York Urban Program, Natural Resources Defense Council, New York (moderator)
Deborah Goldberg, Managing Attorney, Earthjustice, New York
John B. McFarland, Graves Dougherty Hearon & Moody, Austin, TX
Jordan B. Yeager, Curtin & Heefner LLP, Doylestown, PA

To purchase access to the recording and any materials made available at this session, please go HERE.

To view information on the entire 5-part special series on "Environmental Impacts of Shale Development and Hydraulic Fracturing: Key Legal Issues and Future Directions," please go HERE.