Tuesday, February 19, 2013
I was recently invited to write a short essay on hydraulic fracturing and the dormant Commerce Clause based upon a post on this blog in January, 2012. The essay just came out and, since this blog was the source of the essay's origin, I thought it was only fitting to post it here, too. Here is the abstract:
This essay reviews the increasing prominence of the dormant Commerce Clause in debates over hydraulic fracturing. In particular, the essay is framed around New Jersey Governor Chris Christie’s citing of the dormant Commerce Clause as a reason for vetoing a ban on hydraulic fracturing wastewater disposal passed by the New Jersey Legislature. The Governor’s reasoning is compared to analysis in a New Jersey Office of Legislative Services' memorandum indicating the dormant Commerce Clause would not be implicated by the proposed ban. The legal reasoning of the New Jersey dispute regarding the applicability of the dormant Commerce Clause to hydraulic fracturing is then considered in light of other scenarios around the country.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen Miller on New Arkansas law requires local governments to pay for a "takings" where certain "regulatory programs" reduce FMV by at least 20 percent
- Josh Galperin on New Arkansas law requires local governments to pay for a "takings" where certain "regulatory programs" reduce FMV by at least 20 percent
- Jesse Richardson on New Arkansas law requires local governments to pay for a "takings" where certain "regulatory programs" reduce FMV by at least 20 percent
- Jamie Baker Roskie on Uber Goes to the State House Seeking Preemption of Local Government Control
- Stephen R. Miller on Why are building inspectors so often on the take?
- Can UberPOOL Make Carpooling Cool?
- Are Earth Day cookies an endangered species?
- Fordham Urban Law Center's Sharing Economy | Sharing City Conference - April 24
- Land Use, Telescopes and Sacred Land in Paradise
- Tekle on Percent-for-Art Ordinances