Category Archives: New York

Top Fracking Legal Stories For The Week

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NY’s Highest Court to Hear Two Fracking Ban Appeals

On Thursday, the New York Court of Appeals, the state’s highest court, agreed to hear challenges to two municipal bans on fracking.  In one, drilling company Norse Energy is challenging an appellate court’s decision upholding the Town of Dryden’s ban.  And in the other, the challenge is being made by a dairy farmer against the Town of Middlefield’s ban.  In each of the cases the lower court upheld the towns’ bans on the grounds that state mining law doesn’t trump the authority of municipalities to…

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New York Town Sued By Landowners Over Local Ban

ts_sidneymainstThere are a handful of lawsuits being litigated throughout New York over local moratoriums on hydraulic fracturing.  As has been widely reported, two Third Department decisions upheld localities’ powers to ban fracking.   Those decisions are being appealed to the New York Court of Appeals. Last week, another significant lawsuit was brought by landowners against the Town of Sidney.  Sidney is located in Delaware County. Earlier this year, Sidney’s five member Town Board narrowly passed a one year moratorium against fracking.   The vote was 3-2.  The…

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New York Court of Appeals Asked To Hear Fracking Case

Court of AppealsThe New York Court of Appeals has been asked to resolve the issue of whether localities and towns are empowered to ban hydraulic fracturing.   As readers of this page know, New York’s Appellate Division answered the question in the affirmative.  Tom West, attorney to Norse Energy, appealed to the Court to take the case, stating: We hope that the New York Court of Appeals recognizes the importance of this issue and greants leave to appeal to provide definitive guidance concerning this important issue of statewide…

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Cuomo: NY Will Make Fracking Decision by November 2014

Andrew-CuomoNew York Governor Andrew Cuomo told the editorial board of the Syracuse Post-Standard this week that he intends to make a decision on whether to allows fracking in New York State before the November 2014 gubernatorial election. Governor Cuomo indicated that he will make the decision after receiving New York Health Commissioner Dr. Nirav R. Shah’s report on the issue, which he had expected by now.  Governor Cuomo also said that he now expects to receive Shah’s report in the next several weeks.…

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