BMP of Oil and Gas Development

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Citation Label: CO070
Publication Name: Preemption Is Not Assumed: A General Overview of Preemption Law in the Context of Oil and Gas Regulation
Publication Type: Presentation
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Author Name: Baumgarten, David
Other Authors: Jeffery P. Robbins
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Publication Year: 2009
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Local Source File: CO70-GasandOilPreemptionLaw.pdf
Annotation: This article discusses the priniciples of preemption law in the regulation of oil and gas development. Oil and gas permitting and regulation is a local, state and federal subject, often creating areas of overlapping authority. The authors argue that preemption should not be assumed simply because federal, state and local governments attempt to regulate in the same subject area. Specific to Colorado, the authors provide examples of Colorado Supreme Court decisions in local preemption cases.
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