New York Governor Andrew Cuomo announced today that he will prohibit high-volume hydraulic fracturing within the shale-rich state. The decision comes after years of debate and behind-the-scenes health studies. Health commissioner Howard Zucker reportedly said that he “cannot support” the practice and Governor Cuomo noted those statements are what led to his decision to ban fracking. According to the Wall Street Journal…, the Governor said, “I don’t think I even have a role here.” It is unclear whether the decision can be overturned by future
- December 8, 2014
The Eight Circuit, in a case involving a determination regarding the amount of damages to property owners purportedly caused by vibrations from drilling operations, has refused to order a new trial arising out of an energy company’s challenge to a jury verdict against it where the jurors discussed “fracking” and “earthquakes” even though there was no evidence at trial regarding those activities.
Specifically, during jury deliberations in Ruby Hiser v. XTO Energy…, 768 F.3d 773 (8th Cir. 2014), the jury inquired of the court: ”Were they drilling only or
- November 18, 2014
- Colorado court refuses to issue stay related to Court’s prior decision invalidating local fracking ban.
- Illinois landowners join lawsuit against the state regarding fracking permit delays.
- University of Colorado study indicates frac fluid contains materials that are common household substances
- North Carolina commission meets to finalize hydraulic fracturing regulations. …
…The issue of whether a municipality has the power to outright ban hydraulic fracturing has presented itself in the State of Texas. On November 4, 2014, votors passed an ordinance that banned hydraulic fracturing in the City of Denton. The municipality sits atop the Barnett Shale. The ordinance provides, in pertenant part, as follows:
It shall be unlawful for any person to engage in hydraulic fracturing within the corporate limits of the City… The violation of or noncompliance with this article by any person, firm, association
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.