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August 10, 2011 1 Volume 5 1 No. 15 Zoning Bulletin <br />See also: Collins v. City of Harker Heights, Tex., 503 U.S. 115, 112 S. Ct. <br />1061, 117 L. Ed. 2d 261, 7 I.E.R. Cas. (BNA) 233, 15 O.S.H. Cas. (BNA) <br />1513 (1992). <br />Case Note: The Borough had argued that it was entitled to absolute im- <br />munity from Trask's claims. The said that "[t]he Supreme Court has <br />clearly stated that `municipalities have no immunity from damages liability <br />flowing from their constitutional violations ....'" <br />Zoning News from Around the Nation <br />CALIFORNIA <br />Malibu is considering adopting a "formula retail ordinance" that "would <br />limit chain stores." <br />Source: The Malibu Times; www.malibutimes.com <br />NEW YORK <br />The state's Department of Environmental Conservation ("DEC") recent- <br />ly released revised recommendations on mitigating the environmental im- <br />pacts of high -volume hydraulic fracturing related to natural gas extraction. <br />Among the recommendations is that: high -volume fracturing be prohibited <br />in New York City and Syracuse watersheds, including a buffer zone; drilling <br />be banned within all primary aquifers and on state-owned land; drilling be <br />permitted on other private land with rigorous and effective protections. Also <br />among the recommendations: DEC would notify local government of each <br />well permit application for high -volume fracturing; and applicants must cer- <br />tify that a proposed activity is consistent with local land use and zoning laws. <br />Source: New York State Department of Environmental Conservation via <br />Read Media; http://readme.readmedia.com <br />RHODE ISLAND <br />The state legislature has passed legislation "that would require the opera- <br />tors of construction and debris demolition facilities located near residential <br />neighborhoods around Rhode Island to get clearance from the municipalities <br />where they operate." The measure recently passed the house. A companion <br />bill passed the senate in April. Before becoming law, the legislation requires <br />the governor's signature. <br />Source: East Providence Patch; httb://eastbrovidence.tiatch.com/articles/ <br />state -lawmakers -bass -legislation -to -restrict -construction -and -demolition <br />12 © 2011 Thomson Reuters <br />