Third NY Town Wins Court Approval to Ban Fracking
Tomorrow, the Appellate Division (court) in Albany, NY will hear arguments in the twin cases of Dryden and Middlefield—two New York towns that illegally seized the property rights of all their citizens by completely banning fracking (see Important Developments in NY Fracking Ban Court Cases for background).
A third town, Livingston, has just won a court case that allows them to also illegally ban fracking. Lenape Resources had sued Livingston after the town passed a ban in 2012, claiming the ban affects their conventional/vertical drilling in the town, which has been going on for decades (see Lenape Sues Avon, NY & DEC over Fracking Ban – Seeks $50M). An “acting” judge didn’t agree, and cited Dryden and Middlefield to support his opinion…
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This post is purely for your reading pleasure and enjoyment—unless you’re anti-drilling.
The Joint Landowners Coalition of New York (JLCNY), an organization representing 77,000 landowners with over 1 million acres, issued an extensive update late yesterday on: the status of their lawsuit (which is proceeding); their need for fundraising to finance the lawsuit; and the rationale/strategy for the lawsuit. Even though recent comments by Gov. Cuomo offer a “tease” that he may soon approve fracking, the JLCNY says it’s moving forward with the lawsuit anyway, essentially telling Cuomo “we’ll believe it when we see it.”