Author Archives: Andrew J. Scholz

Fracking Worker Alleges Toxic-Related Injuries From Chemicals

A West Virginia worker commenced a personal injury lawsuit in the West Virginia district court against Schlumberger Technology Corp. of Texas, Consol Energy, its subsidiaries and others. Plaintiff Savatore M. Bombardiere, Sr. alleges that his exposure to fracking chemicals while working in Pennsylvania caused him to suffer significant personal injuries, including burns, deformity and scarring. He further claims that the defendants failed to provide him with adequate protective gear. Certain of the defendants filed motions seeking a change of venue to Pennsylvania, where the incident…

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Hydrofracking Chemicals: Pennsylvania Considering Public Disclosure Requirements; Federal Disclosure Regs Forthcoming

Pennsylvania To Consider Legislation Requiring Public Disclosure of Chemicals Used In Fracking Process Pennsylvania State Representative Garth Everett announced that he plans to introduce legislation that would require oil and gas companies to reveal additional information regarding the chemicals used in the hydraulic fracking process. The information would be provided to the Pennsylvania Department of Environmental Protection for posting on its website. If the legislation is passed, Pennsylvania would join Texas, Montana and other states that have adopted public disclosure of the chemicals used in…

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New York Doctors and Health Care Professionals Send Letter to Governor Cuomo to Study Health Effects Related to Fracking

As the New York State Assembly holds a hearing to receive public comment on the Department of Environmental Conservation’s latest impact statement with proposed permit guidelines for fracking within New York’s Marcellus Shale, hundreds of doctors have signed a letter to Governor Andrew Cuomo demanding a comprehensive health study of potential health effects associated with fracking and possible air and water pollution. The letter claims that the DEC’s latest impact statement contains an “oversight” because there is no requirement that a comprehensive health study be…

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Preemption Argument Asserted In Second New York Lawsuit Challenging Local Ordinances Banning Fracking

A dairy farm located in the Town of Middlefield has commenced a lawsuit against Middlefield in the Supreme Court, Otsego County. The complaint alleges that Middlefield’s recently enacted zoning ordinances that prevent hydraulic fracking in Middlefield are preempted by §23-0303 of New York’s Department of Environmental Conservation Laws. The plaintiff, Cooperstown Holstein Corp., owns land that is subject to the zoning law and has entered into oil and gas leases with non-parties Elexo Land Services, Inc. and Covalent Energy Corporation. This preemption arguments asserted in…

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State “Preemption” Arguments Asserted In New York Article 78 Proceeding

A recent legal challenge to a town’s local zoning ordinance banning hydraulic fracturing (“fracking”) has been commenced in Tompkins County, New York. In Anshutz Exploration Corporation v. Town of Dryden (Supreme Court, Tompkins County), the petitioner Anshutz Exploration Corporation, a Denver-based energy company that owns numerous gas leases in the town of Dryden, commenced a New York Civil Practice Law and Rules Article 78 proceeding against the Town of Dryden. The petitioner argues, in sum, that Dryden’s zoning ordinances banning fracking within the town…

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