Second Fracking Lawsuit Threatened By New York Landowners

3a8732966c7469fdb38314b42f55d848A second lawsuit is reportedly being threatened against the State of New York by a number of landowners who believe that the Department of Environmental Protection has abused its discretion with respect to its on-going health review of hydraulic fracturing in New York. According to reports, a letter has been sent to the DEC stating that the agency is in violation of various state statutes (i.e., the New York Environmental Quality Review Act and the Environmental Conservation Law) because the statutes require that the health review be performed in a “timely manner.”

Specifically, the letter argues that the statute “contains explicit timeframes to bring the environmental impact review process to” an end and that The “DEC may not refuse to complete the SGEIS process indefinitely.’’

The threatened litigation arises out of a health study being undertaken by the DEC. The study has been on going for over a year with no known timetable for completion. The latest hint at a timetable came from the DEC commissioner who reportedly stated that permitting for fracking will not occur until at least 2015.

The landowners claim that the delay in finalizing the review is “arbitrary and capricious.”


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