Federal Government Asks Judge to Dismiss NY Attorney General’s Fracking Lawsuit

On May 31 of this year, NY Attorney General Eric T. Schneiderman filed a lawsuit in federal court seeking to force the federal government “to commit to a full environmental review of proposed regulations that would allow natural gas drilling – including the potentially harmful "fracking" technique – in the Delaware River Basin” (see MDN’s initial coverage here). That is, AG Schneiderman is attempting to use the court system to delay, and if possible prevent, Marcellus Shale drilling in New York by forcing the federal government to launch a multi-year review of hydraulic fracturing in the Delaware River Basin. He bases his lawsuit on the foundation that the Delaware River Basin Commission, a quasi-governmental body, is about to allow drilling in the areas it oversees, including sensitive New York City watershed areas.

According to the federal government, AG Schneiderman does not have a legal foot to stand on with his lawsuit:

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