Category Archives: New York

New York To Officially Miss November 29 Deadline For Fracking Regulations

New York has once again  punted on any final fracking decision in the state.  After four years of scientific study, review of tens of thousands of public comments and while numerous other states within the Marcellus shale and other shale regions have passed regulations governing the practice, New York will continue its study of the issue before it finalizes regulations.  Specifically, at a November 20 press conference, New York’s Governor Cuomo announced that New York’s Department of Environmental Conservation (“DEC”) will miss its November 29…

Continue Reading....
Fracking

New York Court Invalidates Local Fracking Ban

In a third recent New York legal challenge to local ordinances banning or limiting fracking, New York Supreme Court Justice Ferris Loubous found that Binghamton’s two-year moratorium on fracking could not be upheld. Specifically, in Jeffrey v. Ryan, et al., Index No. 20012-001254 (Sup.Ct. Broome County, Oct. 2, 2012), petitioners-landowners filed an Article 78 proceeding seeking to invalidate local city ordinances that sought to prohibit natural gas exploration.   The landowners sought to preserve their opportunity to lease their land for fracking.  The respondents, including the…

Continue Reading....