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Fracking, Legislation, and the Court

Fracking, Legislation, and the Court

Full Title:  Fracking, Legislation, and the Court
Author(s):  Barry Rabe
Publisher(s):  Brookings Institute
Publication Date: August 1, 2012
Full Text: Download Resource
Description (excerpt):

The ink was barely dry on far-reaching new Pennsylvania legislation to regulate hydraulic fracking practices before a state appellate court recently overturned key provisions as an unconstitutional encroachment on traditional land-use policies.

This ruling serves as a reminder that few governance issues are as contentious as governmental battles over land-use decisions. Federal and state policies that restrict land-use preferences have routinely been assaulted by waves of litigation, many aiming to return authority to private and local hands.

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