general illumination

D. Frederick, P. Hagaman, and B. Taylor v. Allegheny Twp. ZHB v. CNX Gas Company, LLC. v. Allegheny Twp. v. J.H. Slike and A.E. Slike, Northmoreland Farms LP v. M. Golembeiwski

Full Case Name
Dolores FREDERICK, Patricia Hagaman, and Beverly Taylor, Appellants v. ALLEGHENY TOWNSHIP ZONING HEARING BOARD v. CNX Gas Company, LLC v. Allegheny Township v. John H. Slike and Anne E. Slike, Northmoreland Farms LP v. Michael Golembeiwski and Lisa Golembeiwski, John P. Brunner, II, Esq., Jeffrey and Sheila Brunner, Miller Niksic, Joanne Resh, Richard and Patricia Trumble, Michael and Jacalyn Schumaker
Description

Residential neighbors challenged ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.

Date
10-26-2018
Court
Commonwealth Court of Pennsylvania
Jurisdiction
Pennsylvania
Plaintiffs
Defendants
Incident Location
Allegheny Township, PA
Disputed Act

Residential neighbors challenged zoning ordinance which allowed oil and gas operations and permit issued for a gas well nearby pursuant to the ordinance. Some of the objections of the neighbors were that the zoning ordinance did not adeuately protect the local water supply, limit noise, or reduce light pollution.

Holding
The Court held that landowners failed to establish that natural gas drilling was incompatible within the zoning district or that the ordinance violated Environmental Rights Amendment to Pennsylvania Constitution; Zoning board was not required to perform pre-enactment environmental studies.
Disposition

Diné Citizens Against Ruining Our Env't v. Jewell

Full Case Name
DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; and Natural Resources Defense Council, Plaintiffs, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior; United States Bureau of Land Management, an agency within the United States Department of the Interior; and Neil Kornze, in his official capacity as Director of the United States Bureau of Land Management, Defendants, and WPX Energy Production, LLC; Encana Oil & Gas (USA) Inc.; BP America Company; ConocoPhillips Company; Burlington Resources Oil & Gas Company LP; American Petroleum Institute; and Anschutz Exploration Corporation, Intervenor-Defendants.
Description

Environmental activists brought action against the federal government challenging Bureau of Land Management's approval of applications for drill permits in the San Juan Basin as in violation of the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). Court held BLM's approval of applications did not violate NEPA nor NHPA, and dismissed the case.

Date
04-23-2018
Court
United States District Court for the District of New Mexico
Jurisdiction
United States
Incident Location
San Juan County, NM; McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging the Bureau of Land Management (BLM) approval of applications for permit to drill in the San Juan Basin, alleging that BLM violated the National Environmental Policy Act (NEPA) by failing to analyze indirect effects of fracking on Chaco Park, a National Historic site, including light pollution from nighttime drilling activity.

Holding
The Court found that the Board of Land Management's approval of applications for drilling permits did not violate the National Environmental Policy Act and failure to consider effects of gas and oil wells in Chaco Park and satellites did not violate the National Historic Preservation Act.
Disposition

PEOPLE'S COUNSEL FOR BALTIMORE CTY. v. Loyola College

Full Case Name
PEOPLE'S COUNSEL FOR BALTIMORE COUNTY, et al. v. LOYOLA COLLEGE IN MARYLAND
Description

The County granted Loyola College a special exception to build a retreat center on a property in the Resource Conservation zone in Maryland. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. Loyola College proferred testimony that their use of the property would have minimal impact on the zone, including light pollution. The Court found the county could grant Loyola College a special exception to use the property for a retreat center and did not need to compare its potential adverse effects to other similiarly zoned locations in the jurisdiction.

Date
09-09-2008
Court
Court of Appeals of Maryland
Jurisdiction
Maryland
Plaintiffs
Incident Location
Baltimore County, MD
Disputed Act

Loyola College purchased a property in the Resource Conservation zone, which has the purpose "to foster conditions favorable to a continued agricultural use of the productive agricultural areas of Baltimore County by preventing incompatible forms and degrees of urban uses." The County granted Loyola College a special exception to build a retreat center on this property. Residents filed a suit against Loyola College, objecting to its proposed use of property in that zone. At the trial court, Loyola College presented evidence that there would be minimal impact from their use of the property and that outdoor lighting at the Retreat Center would be "dark skies compliant."

Holding
The Court affirmed the lower court's judgment dismissing the case. The Court found there was no requirement that the zoning body must consider a comparison of the potential adverse effects of the proposed use at the proposed location to the potential adverse effects of the proposed use at other, similarly zoned locations throughout the jurisdiction in order to grant a special exception to the Resource Conservation zone.
Disposition

Town of Superior v. United States Fish & Wildlife Service

Full Case Name
The TOWN OF SUPERIOR, a Colorado municipality, City of Golden, Colorado, WildEarth Guardians, Rocky Mountain Wild, Plaintiffs, v. UNITED STATES FISH AND WILDLIFE SERVICE, United States Department of the Interior, Ken Salazar, acting in his official capacity as Secretary of the Interior, Daniel M. Ashe, acting in official capacity as Director of the United States Fish and Wildlife Service, Steve Guertin, acting in his official capacity as Regional Director of the Mountain-Prairie Region of the United States Fish and Wildlife Service, Steve Berendzen, acting in his official capacity as Rocky Flats National Wildlife Refuge Manager, Defendants, and The Board of County Commissioners of the County of Jefferson, Colorado, City of Arvada, Jefferson Parkway Public Highway Authority, Natural Resource Trustees of the State of Colorado, and the Board of Land Commissioners of the State of Colorado, Defendant-Intervenors
Description

The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act.

Date
12-21-2012
Court
United States District Court for the District of Colorado
Jurisdiction
United States
Incident Location
Jefferson, CO; Boulder, CO; Broomfield, CO
Disputed Act

Plaintiffs alleged that the approval by the defendant United States Fish & Wildlife Service (FWS) of the Jefferson Parkway Public Highway Authority (JPPHA) application violated the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. Plaintiffs sought an order holding unlawful and setting aside the FWS’ decision to enter into the land exchange and transfer the corridor to JPPHA. The plaintiffs' concerns about the highway include "increased noise and artificial light" which could negatively impact wildlife by "interfering with the ability to avoid danger, locate food, reproduce, migrate, avoid collisions, and evade predators."

Holding
The Court found that, in approving the Jefferson Parkway Public Highway Authority’s proposal, the United States Fish and Wildlife Service complied with the Administrative Procedure Act, the National Environmental Policy Act, the Endangered Species Act, the Rocky Flats Act, and the National Wildlife Refuge System Administration Act. The Court dismissed the case.
Disposition

Andrews v. Antero Res. Corp.

Full Case Name
Robert L. ANDREWS, et al., Plaintiffs Below, Petitioners v. ANTERO RESOURCES CORPORATION and Hall Drilling, LLC, Defendants Below, Respondents
Description

Plaintiffs brought suit against Defendant companies, which held leasehold rights to develop oil and gas underlying the plaintiffs' properities, as they alleged the shale development by defendants caused them to lose the "use and enjoyment" of their properties. The Court affirmed the lower court's summary judgment in favor of defendant companies because it agreed with the finding that "effects on the surface owners resulting from the horizontal drilling were within the implied rights to use the surface granted by virtue of the severance deeds, and did not impose a substantial burden on the surface owners."

Date
06-10-2019
Court
Supreme Court of Appeals of West Virginia
Jurisdiction
Virginia
Plaintiffs
Defendants
Incident Location
Harrison County, NY
Disputed Act

Defendant companies has leasehold rights to develop oil and gas underlying various properties in Harrison County, including surface properties that are owned or resided on by the plaintiffs. The plaintiffs brought suit because they alleged that the defendants' development of the shale had caused them to lose "the use and enjoyment" of their properties due to "excessive heavy equipment and truck traffic, diesel fumes and other emissions from the trucks, gas fumes and odors, vibrations, noise, lights, and dust."

Holding
The Court affirmed the lower court's summary judgment in favor of defendant companies. The Court agreed with the lower court's finding that "effects on the surface owners resulting from the horizontal drilling were within the implied rights to use the surface granted by virtue of the severance deeds, and did not impose a substantial burden on the surface owners."
Disposition