Sunday, September 23, 2012
Back in January I noted that there was a hydraulic fracturing issue likely to spring up over time: whether state bans on inter-state transport of fracturing wastewater would result in dormant commerce clause violations. The issue has now hit the front page in New Jersey where last week, Gov. Christie explicitly cited the dormant commerce clause as his reason for vetoing a bill passed by New Jersey's legislature that would have banned fracturing wastewater from being deposited in New Jersey. Gov. Christie's reasoning is here, noting that New Jersey is unlikely to ever be a fracturing state, and so any fracturing wastewater would necessarily come from out of state. Response from the legislature is here, citing to a New Jersey Office of Legislative Services opinion stating that the law did not violate the dormant commerce clause. (I was not able to find the opinion on-line immediately, but have requested it from OLS and will post a copy when and if I receive it.) Will Christie's explicit reference to the dormant commerce clause heighten the constitutional challenges to fracturing wastewater bans? Might a seemingly obscure dormant commerce clause claim be the first fracturing issue to make its way to the U.S. Supreme Court, whether from New Jersey or another state? Stay tuned!
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- Katherine Dentzman on A Coordinated Approach to Food Safety and Land Use Law at the Urban Fringe
- Jesse Richardson on Local Regulation of Hydraulic Fracturing
- Jamie Baker Roskie on Local Regulation of Hydraulic Fracturing
- Samuel on Schleicher and Rauch on local regulation of the sharing economy
- Timothy Wayne George on Is Reed v. Town of Gilbert an important sign case?
- Water Down Under: A Report from Australia by Barb Cosens: Post 2: Comparative Water Law: Australia and the western United States or Conversations with Claire
- APA Planning & Law Division's Smith-Babcock-Williams Student Writing Competition now accepting entries
- Jan 30 - Boston U Law - The Iron Triangle of Food Policy - AJLM Symposium
- "Basic Human Right" to Farm Your Lawn?
- CFP: Fordham Law: Sharing Economy, Sharing City: Urban Law and the New Economy