I suggest that "failed miserably" would be an overstatement. Based on arguments from the City Attorney, the Judge ruled that there is no immediate ban on drilling, and no ban will take effect until they are ready to frack, therefore there are no grounds for an immediate restraining order against enforcing the ordinance. On the one hand, the City Ordinance remains intact (at least for today), on the other hand, the drilling has not stopped, and the City's position is that they do not have to stop drilling, only fracking. Furthermore, there appears to be nothing to stop vertical drilling with fracking, only horizontal drilling with fracking. That means the "ban" language that was finally adopted is weaker than proponents might have originally wanted.
Jim Kotcon
Jonathan Rosenbaum freesource@cheat.org 6/24/2011 4:03 PM >>>
http://www.scribd.com/doc/58653036/Morgantowns-horizontal-fracking-ban
Today, the attempt to get a temporary restraining order against the ban failed miserably on the part of the plaintiffs!
-Jonathan
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