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California: La Habra Attorney Says State May Preempt Fracking Ban

Upstream Conventional & Unconventional Onshore Development

In a written analysis, the city attorney for La Habra Heights said that the city’s ban on enhanced oil and gas recovery techniques may be pre-empted by state law. In addition to doubts that the measure will stand up to state land use laws, City Attorney John Brown also wrote that provisions designed to protect existing drilling may not be strong enough to satisfy state constitutional standards. The defense of this measure, which was placed on the March 3 ballot by Heights Oil Watch, could be costly for the city, according to Brown. Brown’s analysis will be included in part of the sample ballot for the measure, which must be printed by December 23.

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