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Zoning Bulletin September 10, 2013 1 Volume 7 1 Issue 17 <br />said the court. According to FERC, "state and local regulation[s] [are] <br />preempted by the NGA to the extent they conflict with federal regula- <br />tion, or would delay the construction and operation of facilities ap- <br />proved by" FERC. The court said that, presented with a FERC certifi- <br />cate that approved Dominion's compressor station, the Department had <br />to apply that standard to determine which of Myersville's zoning and <br />land use requirements it preempted, and which remained "applicable" <br />to Dominion's compressor station. <br />The court remanded the matter to the Department to make those <br />determinations. Specifically, the court said that the Department must <br />either identify one or more "applicable" (that is, not preempted) zoning <br />or land use requirements with which Dominion had not demonstrated <br />compliance, or it must process Dominion's application for an air qual- <br />ity permit. <br />Case Note: <br />The Department had asserted 11th Amendment immunity to the jurisdiction of <br />the United States District Court of Appeals, District of Columbia, on the <br />ground that it was an agency of the State of Maryland. The court, however, <br />held that Dominion could proceed against the Department's Secretary under <br />the doctrine of Ex Parte Young, which provides that the 11th Amendment does <br />not bar suits against state officers for prospective relief. <br />Zoning News from Around the Nation <br />COLORADO <br />The Boulder City Council is considering possible zoning ordinance <br />changes that would affect the sale of alcohol near the University of <br />Colorado Boulder. Reportedly, the City Council plans to consider "a <br />set of possible ordinances that could ": restrict new licenses in the area <br />of the University; or ban new liquor licenses within 500 feet of the <br />University; or only allow Beer & Wine licenses, a new license designa- <br />tion, in the 500 -foot area. Another option being considered is a change <br />to the zoning and land use codes "to ban certain types of liquor licenses <br />in the Hill business area —for the so- called `high impact' businesses <br />that stay open after 11 p.m. or that serve primarily alcohol rather than <br />food." <br />Source: Boulder Weekly; www.boulderweekly.com <br />ILLINOIS <br />On August 1, Illinois Governor Pat Quinn signed the Compassionate <br />© 2013 Thomson Reuters 11 <br />