Cuomo Delays Fracking Decision Until After Election

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. This announcement
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Department of Energy Study Finds No Contamination Associated With Marcellus Frac Wells

FERC 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
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Top Weekly Legal Fracking Stories

136000087456h8zWith summer quickly coming to a close, fracking litigation has picked up.  The following are some rerports of new lawsuits that were recently filed:

   
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New York Fracking-Related Land Use Litigation Heats Up

newyork-flag 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
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New York High Court Affirms Municipality’s Right to Ban Hydraulic Fracturing Within Its Boundaries

newyork-flagIn 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
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