Bulletin n. 3/2014 | ||
February 2015 | ||
David B. Spence |
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The Political Economy of Local Vetoes | ||
in Texas Law Review , vol. 93, issue 2 , 2014 , 351-413 | ||
As the controversy over fracking continues to sweep the nation, many local communities have enacted ordinances banning the practice, creating conflicts between these ordinances and statewide regulation schemes. This has given rise to state–local preemption challenges within state courts. In this Article, Professor Spence analyzes these conflicts, focusing on the best way to distribute the costs and benefits of fracking and how courts have attempted to address these distributional concerns. He begins by describing the conflicts between state law and local ordinances and the court decisions that have resolved these preemption issues. He next discusses how future takings claims would affect the distribution of the costs and benefits of fracking. | ||