Landowner Group Sues NY Over Fracking Delay

On Friday, the Joint Landowners Coalition of New York (“JLCNY”) filed an Article 78 petition in Albany County Supreme Court seeking an end to the five year de facto moratorium on fracking in the state.  Specifically, the petition requests that the court compel NY’s Department of Environmental Conservation to issue the final supplemental generic environmental impact statement with associated findings and render a final decision on whether and under what circumstances fracking will be permitted in the state.

In September 2012, DEC Commissioner Joseph Martens requested that the State Department of Health do additional study on the potential health implications of fracking.  The petition filed by the JLCNY seeks a declaration from the court that the request was arbitrary and capricious, an abuse of discretion, and an illegal delegation of Commissioner Martens’ responsibilities.  According to the petition, the request amounts to “nothing more than an excuse to further delay a process that has already been prolonged for a patently unreasonable amount of time.”

The petition further alleges that the delay has “created a negative business reputation for New York State, as well as substantial economic harm” to landowners.

Thus far, neither Governor Cuomo nor any of the other named defendants have responded publicly to the lawsuit.  Shale Watch Blog will continue to monitor the situation closely.


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