Supreme Court of the United States · Official docket →
Corey A. Kerns, et al. v. Chesapeake Exploration, L.L.C., et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-3636 · judgment February 4, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
STATE REGULATORY POLICE POWER
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Whether the Due Process and Takings Clauses are violated when a state official utilizes a state regulatory police power statute to grant a private entity the rights to permanently physically invade the subsurface of private land by horizontal drilling and hydraulic fracturing, and to extract the oil, gas, and natural gas liquids from beneath the land; and STATE ACTION UNDER COLOR OF LAW-- SECTION 1983
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Whether a private entity who, pursuant to a state regulatory police power statute, applied for and received from a state official the rights to permanently physically invade the subsurface of private land by horizontal drilling and hydraulic fracturing, and to extract the oil, gas, and natural gas liquids from beneath the land pursuant to a statutory scheme that is defective under the Due Process and Takings Clauses, acted as a state actor under color of law in violation of 42 U.S.C. § 1983.
Counsel of record
For petitioner
Phillip Joseph Campanella
Phillip J Campanella
For respondent
Benjamin Michael Flowers
Ashbrook Byrne Kresge Flowers LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- May 13 2019Petition DENIED.
- Apr 17 2019DISTRIBUTED for Conference of 5/9/2019.
- Apr 09 2019Waiver of right of respondent Chesapeake Exploration, L.L.C. to respond filed.
- Apr 08 2019Waiver of right of respondents Richard J. Simmers, Chief, Ohio Department of Natural Resources, Division of Oil and Gas Resources Management to respond filed.
- Apr 03 2019Petition for a writ of certiorari filed. (Response due May 8, 2019)