Litigation

The 77,000 member Joint Landowners Coalition of New York (JLCNY) is kicking their lawsuit against the state into high gear and asking for donations to help fund litigation. You may recall MDN interviewed Scott Kurkoski, lead attorney for the JLCNY, about their plans to sue New York for “takings” back in February (see video and transcript here: 77K NY Landowners Prepare Lawsuit Against DEC). Since that time, the JLCNY has finalized their plans, all the while hoping New York would change course at the last minute. They finally, reluctantly decided the clock has run out (see JLCNY Loses Faith in Cuomo, Initiates Lawsuit over Fracking Rules).

The lawsuit groundwork is ready. What’s needed now are several good plaintiffs—and money. Hence the fundraising appeal issued yesterday:

Read More “JLCNY Begins Fundraising for Lawsuit Against NY for “Takings””

Yesterday, what happened in an Albany, NY courtroom was very important for all New York landowners. Four judges from the New York State Court Appellate Division heard the appeal of one driller and one landowner against two New York towns—Dryden and Middlefield—that have voted to permanently ban fracking within their borders, exercising what they call “home rule” (see Important Developments in NY Fracking Ban Court Cases for background on the two cases). According to a 1981 state law, towns are specifically prohibited from regulating oil and gas activities. The two cases hinge on whether or not “to ban” is “to regulate.”

Lawyers for the towns argued that precedent allows them to determine land use in their borders—they’re not trying to say how drilling should be done, they’re saying whether it should be done, so that’s not regulating. Lawyers for Norse Energy (suing Dryden) and dairy farmer Jennifer Huntington (suing Middlefield) argued the ban violates state law and the land use case cited as precedent by the town’s lawyers (allowing towns to prohibit gravel mining) is vastly different from mining natural gas and oil.

How did it go? Whose arguments seemed to prevail? Depends on whom you ask…

Read More “Town Frack Ban Cases Heard in NY Supreme Court Appellate Division”

The Joint Landowners Coalition of New York (JLCNY), a 77,000-member umbrella organization for New York landowners interested in leasing their property for natural gas drilling, announced yesterday they will move forward with a lawsuit against New York State on behalf of their members. The group has decided to litigate in light of the now expired Feb. 27 deadline to adopt new rules to allow high volume hydraulic fracturing (fracking) in the state. MDN spoke to Dan Fitzsimmons, president of the JLCNY. He commented it took Illinois 14 months to research and write new legislation for fracking, and just 8 months for new rules to be researched and adopted in Ohio. New York’s rulemaking process has now languished for more than 4 1/2 years. Enough is enough.

Feeling they are left with no other alternative, the JLCNY will select several representative plaintiffs for the lawsuit that, presuming they win, would serve as a precedent for all landowners in the state to make the same claim. The basis of the lawsuit is a legal concept called “takings.” The U.S. and New York State Constitutions both say government cannot take a citizen’s private property or deny them use of their private property without just compensation. MDN previously interviewed JLCNY attorney Scott Kurkoski about the lawsuit a few weeks ago. Watch that interview here: 77K NY Landowners Prepare Lawsuit Against DEC.

Read More “JLCNY Loses Faith in Cuomo, Initiates Lawsuit over Fracking Rules”