New York AG Files Motion to Dismiss Frack Ban “Taking” Lawsuit

We have an update on the lawsuit to overturn New York's laws that ban shale fracking. In April, a father and son who own mineral rights for a 164-acre tract in Delaware County, NY, filed a lawsuit (with the help of the Pacific Legal Foundation) against New York for "taking" their rights to profit from fracking their minerals (see New Lawsuit Brought Against NY Claims State Frack Ban a “Taking”). Among those being sued are New York Attorney General Leticia James. She filed a motion last week to dismiss the case (see it below), claiming the plaintiffs' right to sue expired long ago (statute of limitations) and claiming they haven't actually experienced any harm.

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