The activity now focused on development of the Marcellus Shale formation may or may not rise to the level of a “gas rush,” but if not, it’s not far off. In many respects, the current interest in signing gas leases and permitting sites resembles the development of cell phone towers during the 1990s, when pressure was high among telecom companies to be the first to obtain rights to choice locations, and often in the face of local opposition.
As was the case then, one of the primary challenges relating to the development of natural gas is in determining the appropriate and permitted role of local authorities in regulating and approving such drilling activities. The extent of local authority over such activities is still being defined, and recent case law continues to flesh this out.
