ELR Citation: ELR 20206
No(s). 05-30551 (5th Cir. Oct 6, 2006)

The court held that a local ordinance that forbids any new oil and gas drilling within 1,000 feet of a lake is "preempted" by state law rather than "invalid." As explained by a prior panel of the court, a state statute expressly prohibits local political subdivisions from interfering with the drilling of a well. The court, therefore, vacated a lower court's declaratory judgment finding that the ordinance was invalid. The court, however, affirmed the lower court's denial of damages because the takings claim brought by the company challenging the ordinance is time barred and its due process claim fails on the merits. The court also affirmed the lower court's denial of attorneys fees. But it remanded the issue of allocation of costs.

[A prior decision in this litigation is digested at 35 ELR 20013.]