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Case Summary Citation

2011 WL 4389220 (3d Cir. Sept. 20, 2011)

Abstract

In response to oil and gas development on the Allegheny National Forest, the U.S. Forest Service issued a statement suspending administrative consideration of new permits to drill into privately held mineral rights on the national forest. Owners of mineral rights sued the Forest Service, petitioning for a preliminary injunction against the policy on the basis that they had been denied access to their holdings. The U.S. Third Circuit Court of Appeals ruled that the Forest Service policy had the effect of causing severe economic hardship to the plaintiffs and, therefore, upheld a lower court’s grant of the injunction.

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