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.
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