Category Archives: New York

New York Appellate Court Affirms Enforceability of Local Ban Against Fracking

2687_104008550336_4278131_nIn two key decisions, New York’s Appellate Division, Third Department, affirmed two localities’ bans on fracking.  Specifically, in Cooperstown v. Town of Middlefield and in Norse Energy v. Town of Dryden, the Court reviewed whether the Supreme Court correctly rejected the energy companies’ argument that the localities’ bans on fracking were preempted by New York state law. In the respective appeals, several interests groups were granted leave to file amici curiae briefs, including environmental groups, towns, and industry.   The Court first recognized that the…

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No Forecast For A Decision on Fracking In New York

30109-cuomo-103p.photoblog600As Tom Petty said , “the waiting is the hardest part.”   After years of delays and, as some opine, indecision, New York is still studying whether and how to permit hydraulic fracturing. To remind our readers, there have been many times over the past five years when New York was expected to formally announce whether or not to permit hydraulic fracturing and, to the extent permitted, how it would be regulated.   Anti-fracking groups led by celebrities have vocally opposed any fracking under any circumstances. Months…

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New York Health Commissioner Considers Fracking Recommendation Within Weeks

Reportedly, New York’s Department of Health Commissioner Nirav Shah confirms that his recommendation to Governor Cuomo regarding fracking will not wait several years until various studies are completed.  Instead, his recommendation to Governor Cuomo may be made in several weeks.  According to the Associated Press, Shah does not see any possibility of further delay until final results of the studies, including the Geisinger Health Study. Meanwhile, New York’s General Assembly passed (for the third time) a proposed moratorium on fracking.  The prior two…

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Lawsuit By Industry Against New York State and Locality Progresses

A lawsuit brought by an energy company against the town of Avon and New York’s DEC is progressing in New York’s Seventh Judicial District.  Specifically, Lenape Resources seeks  in excess of $50 million from the town on the grounds that its ban on fracking is resulting in lost business related to its existing mineral rights.   According to Lenape’s John Holko, Lenape had successfully and without incident drilled in the area for decades until 2012 when the locality passed a one year ban on…

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NY Dept. of Health Needs Additional Time to Study Fracking, Regulations Deadline Likely to be Missed

New York’s decision whether to lift the moratorium on hydraulic fracturing has, again, been delayed.  On Tuesday, New York State Department of Health Commissioner Nirav Shah sent a letter to DEC Commissioner Joe Martens advising that he will need additional time to complete the DOH Public Health Review. In September, DEC asked DOH to conduct a Public Health Review of the draft Supplemental Generic Environmental Impact Statement (SGEIS) for High Volume Hydraulic Fracturing.  The SGEIS must be adopted before DEC can release final fracking regulations.…

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