Author Archives: Arlow Linton

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.…

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Pennsylvania Doctor’s Attack on “Medical Gag Rule” Dismissed

On Monday, a Federal District Court granted motions dismissing Dr. Alfonso Rodriguez’ lawsuit as against the Pennsylvania Department of Environmental Protection and Attorney General on the grounds that Dr. Rodriguez lacks standing to sue. Dr. Rodriguez’ lawsuit challenged the constitutionality of, what he called, the Medical Gag Rules of Pennsylvania’s Act 13.  The Medical Gag Rules provide that under certain circumstances, including when the information is necessary for diagnosis or treatment, doctors may request that fracking companies identify chemicals used in the procedure that are…

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Penn. AG Files Criminal Charges for Illegal Dumping of Fracking Waste

Pennsylvania Attorney General Kathleen Kane recently filed  64 criminal charges against fracking waste hauler Minuteman Environmental Services, Inc.  The charges, filed against Minuteman’s owner and numerous family members, include allegations that the company illegally dumped solid waste from well drilling operations and overbilled nearly every client that it contracted with. The grand jury report outlines multiple counts of fraud and criminal conspiracy allegedly perpetrated against fracking companies like Cabot Oil & Gas, Chesapeake Energy, Halliburton, and XTO.…

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This Week’s Top Fracking Related Legal News

  • 136000087456h8zNorth Carolina Governor signs a bill into law lifting the 2012 moratorium on fracking and paving the way for new permits to be issued as soon as next Spring.  This comes just two weeks after the North Carolina legislature introduced a bill which would impose criminal penalties to those persons that publicly disclose fracking chemicals that are deemed trade secrets. 
  • New York’s highest court hears oral arguments in two cases concerning whether towns can use zoning regulations to ban fracking.
  • Rural Nevada county files administrative

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NY Health Commissioner Resigns Amid Fracking Criticism

Dr. Nirav Shah, New York’s Health Commissioner, is resigning his post as of June to take a position with California-based Kaiser Foundation Health Plan. Word of the decision surfaced on Wednesday night, a mere hours after Republican gubernatorial candidate Rob Astorino called for Shah’s resignation citing delays in his department’s investigation into the potential health effects of hydraulic fracturing. Astorino accused Shah of doing Governor Andrew Cuomo’s “bidding” in an effort to delay the decision until after the election. Governor Cuomo denies any connection between…

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