Legal Opinion
United States Ex Rel. Harper v. Muskingum Watershed Conservancy District
Court of Appeals for the Sixth Circuit
Decided November 21, 2016No. 15-4406PublishedCited by 50 opinions
1Opinion of the CourtBoggs, J., joined by Guy, J.,
MOORE, J. (pp. 440-41), delivered a separate dissenting opinion.
OPINION
BOGGS, Circuit Judge.
In 1949, the United States deeded a large parcel of land in Ohio to the Muskin-gum Watershed Conservancy District (“MWCD”), a state entity responsible for controlling flooding in eastern Ohio. The deed provided that the land would revert to the United States if MWCD alienated or attempted to alienate it, or if MWCD stopped using the land for recreation, conservation, or reservoir-development purposes. MWCD subsequently sold rights to conduct hydraulic fracturing (“fracking”) operations on the land.…
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