Category Archives: New York

Top Fracking Related Legal Stories of the Week

imagesHere are the top fracking related legal stories of the week:

  1.        North Carolina fast tracking fracking regulations.
  2.        DOI and BLM Named In Navaho Reservation Related Lawsuit.
  3.        Bill Introduced In House of Representatives To Compensate 
    Landowners For Fracking Bans.
  4.        Study Ties Hydraulic Fracturing to Seismic Activity.
  5.       Antitrust Lawsuit Filed Related to Marcellus Shale Gas Royalties

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Hydraulic Fracturing Banned in New York

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…

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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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New York Fracking-Related Land Use Litigation Heats Up

newyork-flag Recent events arising out of New York’s moratorium on fracking, as well as localalities’ outright bans on said practice, are causing a rapid uptick in land-use litigation. For example and as had been expected, an appeal has been filed with respect to recent decision from the Supreme Court– New York’s trial level court–that dismissed challenges by landowners and others to continued delays by the State of New York with respect to whether to permit hydraulic fracturing. Those that have followed New York’s regulatory history…

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New York High Court Affirms Municipality’s Right to Ban Hydraulic Fracturing Within Its Boundaries

newyork-flagIn a 5-2 ruling on June 30, New York’s highest court rendered a decision in a hotly contested case regarding the power of municipalities to ban hydraulic fracturing. The state’s Court of Appeals addressed two cases brought with respect to local zoning laws passed by the towns of Dryden and Middlefield. The specific legal issue was whether a locality’s zoning laws were preempted by New York’s Oil, Gas, and Solution Mining Law (OGSML). The court found that the zoning laws were not preempted, and that…

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