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Land Use Law

Buffalo Environmental Law Journal

2011

Articles 1 - 3 of 3

Full-Text Articles in Law

Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel Oct 2011

Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel

Buffalo Environmental Law Journal

This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …


The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho Oct 2011

The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho

Buffalo Environmental Law Journal

Hydraulic fracturing has driven a boom in natural gas production in the Marcellus Shale. While providing a growing source of domestic energy, this boom also raises signicant environmental concerns. Many of the impacts of hy draulic fracturing predominantly affect the inhabitants of the property where the drilling occurs. Yet when those inhabitants own only the surface estate, they have relatively little influence over whether and how the drilling occurs and will not profit from the gas extraction. This article provides a jurisdictional case stud4 set in West Virginia to assist in understanding the nuances relevant to an interpretation of the …


Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey Apr 2011

Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey

Buffalo Environmental Law Journal

No abstract provided.