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Tuesday, July 21 • 1:30pm - 2:30pm
Planning for Natural Resource Extraction Without Being Sued

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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. 

Speakers
avatar for Jesse Richardson

Jesse Richardson

Associate Professor, West Virginia University College of Law
Jesse J. Richardson, Jr. is the Lead Land Use Attorney at the Land Use and Sustainable Development Law Clinic and Associate Professor of Law at the West Virginia University College of Law. Before coming to WVU, Jesse was an Associate Professor in Urban Affairs and Planning at Virginia Tech, teaching land use law, environmental law, urban growth management and real estate. His research and experience focuses on land use law and water law. Prior to... Read More →



Tuesday July 21, 2015 1:30pm - 2:30pm
Monticello Ballroom Sheraton Waterside Hotel

Attendees (3)