Category Archives: New York

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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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…

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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…

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This Week’s Top Fracking Related Legal News

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  1. North Carolina Sets Distances Between Drilling and Homes and Streams
  2. Virginia to Expand Chemical Disclosures
  3. Proposed Fracking in George Washington National Forest Is Met With Vigorous Opposition
  4. New York Landowners Threaten Another Lawsuit Arising Out of Fracking Delays 
  5. New York Will Not Issue Fracking Permits Until At Least March 2015

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Lawsuit Against New York DEC Imminent

With New York’s hold on high volume fracking having entered its sixth year, Thomas West of the West Law Firm has stated that his office was “actively finishing up papers” and planning to file a lawsuit against the New York Department of Environmental Conservation on Wednesday of this week. In a letter to the DEC Commissioner earlier this month, West had demanded that the state respond by Tuesday with a timetable for completing its review on the safety of fracking, known as the Supplemental Generic…

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