Yesterday Tom West, lead attorney with The West Firm in Albany, NY, issued a “demand” letter to Dept. of Environmental Conservation (DEC) Commissioner Joe Martens (full copy of the letter embedded below). The hand-delivered letter (arrived around 12:30 pm we’re told) tells Martens that, as MDN revealed last week, The West Firm has been retained as legal counsel for Norse Energy (see Norse Energy Suing NY Gov Cuomo to Force Release of SGEIS). The letter asks (actually demands) that Martens inform West within the next two weeks of the “date certain in the near future” he plans to release the SGEIS drilling regulations…or else.
The “or else” is not spelled out in the demand letter, but we know what it is: If Martens does not release the drilling rules promptly, West will file an Article 78 lawsuit to force Martens–and Gov. Cuomo and Health Commissioner Nirav Shah–to get off their rear-ends and just do their jobs. That’s what an Article 78 is–a citizen or company’s legal way of forcing recalcitrant and disobedient public servants (Martens, Cuomo and Shah) to do the job they were hired to do. So three cheers for Norse Energy and Tom West! Finally we should start to see a resolution to the 5 year, 4 month and 10 day old defacto ban (i.e. “moratorium”) on shale drilling in New York…
