Environmental Law Post

Environmental Law Post

Category Archives: Fracking

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High Volume Hydraulic Fracturing Banned in New York State

Posted in Fracking
Co-Authored By Patrick T. Fitzgerald Following through on Governor Andrew Cuomo’s promise, the Acting New York State Department of Health (DOH) Commissioner, Dr. Howard Zucker, released the findings of his department’s long delayed health study of hydraulic fracturing in New York State.  According to Dr. Zucker, hydraulic fracturing poses serious concerns to public health and… Continue Reading

Cuomo Promises Fracking Decision Before 2015

Posted in Fracking
In several recent remarks, Governor Andrew Cuomo has indicated that the long-delayed health study of hydraulic fracturing by the New York State Department of Health will be released before the end of 2014.  Speaking Monday on the Capital Pressroom radio show, Cuomo referred to pending decisions on natural gas development and casinos, stating that “by… Continue Reading

Fracking Alert: Home Rule Prevails In New York’s Highest Court

Posted in Fracking, Legislation
On Monday, New York’s Court of Appeals, its highest court, upheld the power of municipalities to prohibit hydraulic fracturing (“fracking”) within their boundaries. The case, previously discussed here, concerned efforts by two towns to ban fracking within their boundaries after several town residents signed oil and gas leases allowing for exploration and extraction on their… Continue Reading

EPA To Consider Mandatory Disclosure Of Chemicals Used In Fracking Fluids

Posted in Fracking
In what is considered a first step towards requiring natural gas drillers to disclose the chemical constituents of hydraulic fracturing fluids, EPA recently released an Advanced Notice of Proposed Rulemaking seeking public comment on the topic. High volume hydraulic fracturing, or “fracking” is a method of natural gas extraction by which materials, typically water, sand… Continue Reading

LDAR: A Problem and a Solution for Hydraulic Fracturing

Posted in Fracking
Valves, pumps, connectors, and other component parts are the crucial joints in an industrial plant’s skeletal system. Without them, movement—or in the case of a refinery or chemical manufacturing facility, processing—would be impossible. And, just as with skeletal joints, without proper care and maintenance, normal wear and tear can cause component parts to become arthritic… Continue Reading

Lawsuits Over Hydraulic Fracturing SGEIS Imminent: Joint Landowners Threaten Suit Before Year End

Posted in Fracking
It appears that the New York State Department of Environmental Conservation (“DEC”) will very likely face multiple legal challenges to its long-delayed issuance of a final Supplemental Generic Environmental Impact Statement (“SGEIS”) for the High-Volume Hydraulic Fracturing (“HVHF”) regulatory program.  Lawyers representing the Bankruptcy Trustee of Norse Energy Corp. USA filed a letter with DEC… Continue Reading

Update! – New York State Court of Appeals Takes On Fracking Ban Case

Posted in Fracking
In what will be a precedent-setting decision of national importance, today the New York State Court of Appeals agreed to hear Norse Energy’s appeal of the Third Department’s decision upholding the Town of Dryden’s municipal ban on hydraulic fracturing for natural gas extraction. The Third Department and lower State Supreme Court both upheld the Town’s… Continue Reading

Court of Appeals to Hear Fracking Ban Case?

Posted in Fracking
Last week, Norse Energy filed its Notice of Appeal to the New York State Court of Appeals. .  In its notice of appeal, Norse seeks review of the Third Department’s decision in Norse Energy Corp. USA v. Town of Dryden, upholding the lower court’s determination that the Town of Dryden’s ban on hydraulic fracturing was… Continue Reading

NYS Fracking Standstill

Posted in Fracking
Albany celebrated Earth Day this week by verbally acknowledging that New York State is no closer to permitting fracking today than it was last year.  Senate Environmental Chair Mark Grisanti recognized that a de facto moratorium exists in New York State concerning the natural gas resource, with the Cuomo Administration delaying its decision on how… Continue Reading