Skip to main content
Pratt’s Energy Law Report

Mora County and Denton: Constitutional Challenges to Hydraulic Fracturing Bans

March 2015

This article examines the potential constitutional challenges to local ordinances that ban or restrict hydraulic fracturing, focusing on potential takings, substantive due process, equal protection, and dormant Commerce Clause claims. The article also addresses First Amendment and Supremacy Clause challenges to the enforcement provisions of one such ordinance.