Category Archives: Regulatory

NY Health Department Report Concludes that Fracking Can Be Done Safely

According to a New York State Department of Health document leaked to the New York Times, fracking could be done safely in the state.  The eight page document is an outline or summary of a more complete report.  However, it is clear from this outline that the full report concludes that fracking can be performed safely if certain mitigation measures are taken. The document explores the potential adverse effects of fracking on human health, on water resources, on naturally occurring radiological material, on air emissions,…

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Republican Attorneys General Object to Department of Interior Proposed Regulations

In a strongly worded Letter to President Obama, Louisiana Governor Bobby Jindal and Oklahoma Attorney General Scott Pruitt are the latest to request that the federal government rescind its latest proposed regulations for fracking on federal and Indian lands.  The proposed rules, promulgated by the Department of the Interior in July, were strongly and vocally opposed by the oil and gas industry and by others as being too restrictive and because they would have a detrimental impact on business.   Among the most controversial…

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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…

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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…

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Utah Regulations Include Chemical Disclosure Requirements

 On October 24, Utah passed regulations which require chemical disclosures related to fracking.  The companies are to report the type and amount of chemicals used to the non-profit orginization Ground Water Protection Council-run Web site, www.fracfocus.org.   Pursuant to the regulations which have already taken affect, companies have 60 days to report the chemicals after operations are completed. Utah has consequently joined a number of other states that have required chemical disclosures.  Unlike those states, such as Texas, however, there are no explicit trade secret exemptions…

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