In May 2013, New York Governor Andrew Cuomo told the Syracuse Post-Standard that he intended to make a decision on whether to support fracking in New York State before the November 2014 gubernatorial election. Now that the election is only a few short weeks ago, Governor Cuomo has backed off that time line …stating that he will make the decision after state Health Commissioner Howard Zucker and Environmental Conservation Commissioner Joseph Martens have concluded their studies, which should be by the end of the year.
- September 22, 2014
- Government, Academic and Industry Studies and Reports,Uncategorized
The Department of Energy released a study… that, in short, concludes that there is no link between hydraulic fracking in the Marcellus Shale and groundwater contamination. The DOE, which was given access by the industry to monitor multiple sites, monitored situes both during and after the fracking process. It discovered that the chemicals used to free gas remained 5,000 feet below any drinking water supplies. The DOE indicated that the frac fluids remained approximately one mile below drinking water. DOE researchers used “tracers” and monitored the frac fluids injection
- Nevada District Court set to rule on environmental group challenge to BLM fracking lease.
- Defamation lawsuit filed against anti-fracking billboard in Ohio.
- Colorado drops challenge to locality rules on fracking.
- Lawsuits filed seeking to connect property damage from seismic activy to wastewater ejections.
- Texas Supreme Court to hear defamation case against anti-fracking group. …
Recent events arising out of New York’s moratorium on fracking, as well as localalities’ outright bans on said practice, are causing a rapid uptick in land-use litigation.
For example and as had been expected…, an appeal has been filed with respect to recent decision from the Supreme Court– New York’s trial level court–that dismissed challenges by landowners and others to continued delays by the State of New York with respect to whether to permit hydraulic fracturing.
Those that have followed New York’s regulatory history with
In a 5-2 ruling on June 30, New York’s highest court rendered a decision… in a hotly contested case regarding the power of municipalities to ban hydraulic fracturing. The state’s Court of Appeals addressed two cases brought with respect to local zoning laws passed by the towns of Dryden and Middlefield. The specific legal issue was whether a locality’s zoning laws were preempted by New York’s Oil, Gas, and Solution Mining Law (OGSML). The court found that the zoning laws were not preempted, and that a municipality