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Tag Archives: Court of Appeals

Local fracking bans could go before Colorado high court soon

DENVER — Colorado’s battle over who should regulate fracking could be on the fast track to the state Supreme Court. The Colorado Court of Appeals on Monday asked to bow out of lawsuits over Longmont’s ban on fracking and a 5-year-moratorium in Fort Collins. The move would allow the Supreme Court to take the cases immediately, without waiting for the ...

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Appeals court sides with Chesapeake on royalties


Max B. Baker | The Fort Worth Star-Telegram Barnett Shale landowners fighting to keep Chesapeake Energy from deducting post-production costs from their royalty checks were dealt a potentially serious blow by two recent federal appeals court decisions, which stated that the gas-drilling giant is allowed to do so under the terms of their leases. The 5th U.S. Circuit Court of ...

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U.S. court revives BP retirement-plan suit filed after oil spill


David Ingram | Reuters – A U.S. appeals court on Tuesday revived a lawsuit in which participants in four BP Plc employee retirement savings plans alleged they were deceived into buying and holding BP stock before and after the 2010 Deepwater Horizon disaster. The 5th U.S. Circuit Court of Appeals in New Orleans said that a ruling last month from ...

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Court says feds can regulate water pollution from mountaintop removal


Charleston Gazette Staff Reports A federal appeals court declined today to throw out the Obama administration’s crackdown on water pollution from mountaintop removal coal mining. A U.S. Court of Appeals panel for the District of Columbia ruled that the U.S. Environmental Protection Agency was within its authority to consult with the U.S. Army Corps of Engineers about Clean Water Act ...

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Maziarz says Court of Appeals ruling could help ban ‘equate’


Thomas Prohaska | The Buffalo News A Court of Appeals ruling last week that allowed individual towns to ban hydrofracking could have an impact on the fight over the spreading of biosolids on farm fields in Niagara County. At least, that’s what State Sen. George D. Maziarz, R-Newfane, thinks. Attorneys for towns such as Wheatfield and Pendleton have expressed doubts ...

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EDITORIAL: For drillers, no means no


Albany Times Union Editorial Our opinion: The state’s highest court says municipalities can block local drilling operations. State lawmakers need to keep it that way. In ruling that communities could ban hydrofracking within their borders, the state’s highest court rightly rebuffed the gas industry’s attempt to use state law to impose drilling on unwilling hosts. The industry tried to use ...

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NY state appeals court ruling deepens divide on fracking


T.J. Pignataro & Tom Precious | The Buffalo News ALBANY — Like most issues that concern fracking, a sharp division in sentiment followed Monday’s ruling by the state’s highest court that sided with two towns in upholding their right to ban the drilling through zoning ordinances. Opponents of the extraction method for natural gas called hydraulic fracturing hailed the court’s ...

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Ex-BP executive can be charged with obstructing Congress: U.S. court

Jonathan Stempel | Reuters (Reuters) – A U.S. federal appeals court has reinstated a criminal charge of obstruction of Congress against a former BP Plc executive accused of downplaying the severity of the 2010 Gulf of Mexico oil spill. The 5th U.S. Circuit Court of Appeals in New Orleans on Friday said a lower court judge misinterpreted the obstruction statute ...

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NY Court upholds local frack bans


Shane Thielges | Shale Plays Media New York’s State Court of Appeals upheld a ruling today allowing municipalities to ban hydraulic fracturing. Bloomberg Businessweek reports that in a 5-2 decision, the Court affirmed a 2013 ruling saying the state’s oil and gas laws don’t overrule the local government’s power to control development by land zoning. The Court also stressed that ...

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Court: BP must pay Clean Water Act fines for spill

gulf oil spill

Janet McConnaughey | Associated Press NEW ORLEANS — The owners of the blown-out Macondo well cannot avoid federal fines for the 2010 oil spill by blaming another company’s failed equipment, a federal appeals court ruled Wednesday. The oil came from a well owned by BP and Anadarko Petroleum Corp., so they are liable, the 5th U.S. Circuit Court of Appeals said. It ...

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