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Toxics Law Reporter Queries Carl Pernicone on Colorado’s Fracking Rulings

May 5, 2016

Carl Pernicone (Partner-White Plains) weighed in on the Colorado Supreme Court’s rulings that state law preempts local fracking bans in a May 5, 2016, article in Bloomberg BNA’s Toxics Law Reporter. “Colorado Fracking Rulings Reflect Trend, May Spur Challenges in Other States” suggests these much-anticipated rulings are part of a national trend that is likely to continue. According to Carl: “The concern about the ‘ripple effect’ of local antifracking regulations leading to a ‘de facto statewide ban’ is a good one, the applicability of which isn’t limited to Colorado. Given the national notoriety and attention surrounding the rulings, the energy industry may try to make the same argument in other jurisdictions as a way of halting the enactment of anti-fracking zoning regulations.”

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