2015 APA Virginia Annual Conference

This session focuses on several recent cases addressing zoning ordinances that regulate or ban hydraulic fracturing. Participants will learn how to regulate natural resource extraction without violating the law. Issues include Dillon’s Rule, preemption and separation of authority. Most courts also distinguish between bans and reasonable regulation. Recent cases from Pennsylvania, West Virginia, Colorado, New York and the United States District Court for the District of New Mexico provide the main focus of discussion. The rulings in these cases will be applied to Virginia to determine what zoning ordinances in this state may legally address.

The United States District Court case is the first federal court case to rule on a hydraulic fracking ordinance, and involves a “rights-based” ordinance. Communities around the country are adopting “rights-based” ordinance. Learn what these ordinances mean and how courts view these ordinances.