The Cheney Loophole- big enough for big oil to pollute to their hearts' content
Judge rules Fayette fracking ban invalid
CHARLESTON A federal judge ruled Friday that Fayette County's ordinance banning fracking waste disposal is invalid because such regulations are preempted by state and federal law.
Judge John T. Copenhaver issued the order hours before a hearing was scheduled between Pennsylvania-based petroleum company EQT Production Company and the Fayette County Commission, granting EQT's motion for summary judgment.
He ruled provisions in the ordinance that supersede state or federal permits, like those issued by the Department of Environmental Protection, and allow residents to sue violators in circuit court, are not enforceable.
Tom Rhule, co-founder of Headwaters Defense, a local environmental group that helped craft the county ordinance, said he disagrees with the ruling.
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