NY Landowner Who Sued for “Takings” re Frack Ban Loses Fed Case
Is this the sad end to a noble cause? In 2015 MDN told you about an Allegany County, NY attorney/landowner who filed a lawsuit against the New York Dept. of Environmental Conservation (DEC) over their infamous and politically-motivated ban on fracking (see 1st Lawsuit Filed Against NY Cuomo Frack Ban – in Allegany County). The lawsuit was filed in state Supreme Court in Allegany County. Don’t be fooled by the Supreme Court label. In NY, Supreme Court is one level up from county court. The Supreme Court judge tossed the case saying the attorney/landowner didn’t have standing to file the lawsuit in the first place because he never had a permit to drill on his property. The Appellate Division later upheld the decision. The attorney/landowner then filed the same lawsuit in federal court–bypassing Cuomo-appointed state judges–in federal court last December (see NY Resident (& Lawyer) Sues DEC in Federal Court re Frack Ban). On Monday U.S. District Judge Michael Telesca ruled in that case–against the attorney/landowner, on what amounts to a technicality, saying the case violates the 11th Amendment of the U.S. Constitution which protects states from being sued for money in a federal court. Is this now the end? Does our intrepid attorney/landowner, have anything else up his legal sleeve?…
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In 2013, a coal-fired electric generating plant near Buffalo, NY (in Dunkirk) was slated to be converted to burn natural gas–a win/win for everyone (see 
NG Advantage, the pioneer in “virtual pipeline” trucked CNG service, majority-owned by Clean Energy Fuels, tried to build a compressor station/trucking hub in a Binghamton, NY suburb, but that effort failed earlier this year due to local opposition (see 
Last winter, from Dec. 26 to Jan. 9, the northeast and New England experienced an extreme cold snap. New England essentially ran out of natural gas needed to feed electric generating plants. The entire region came razor close to succumbing to rolling blackouts. The only thing that prevented the blackouts was the restart of 1960s oil-burning electric plants. During that two week period, New England burned through 2 million barrels of oil to keep the lights on. Scary. Although a number of circumstances conspired to produce this “perfect storm” that almost tripped over into blackouts, there is one main, towering, primary reason why it happened: lack of natural gas pipelines. And there is one main, towering, primary reason why there aren’t more pipelines to flow more natgas into New England: New York Gov. Andrew Cuomo. Andy has admitted, on camera, that his policy is to block any/every/all new natural gas pipelines (see 
On average, New York residents pay 44% more for electricity than neighboring states, like Pennsylvania. In January of this year, New Yorkers (and NY utility companies) were briefly forced to pay a record high of $140.25 per thousand cubic feet (Mcf) for natural gas, as opposed to what everyone else was paying (an average of $3.08/Mcf)–which is 46 times as much! Both stats are rooted in the same issue: NY pays WAY MORE for energy than it has to, because Andrew Cuomo is blocking natural gas pipelines into the state from PA. So says a new report titled “Pipelines and their Benefits to New York” (full copy below). The report, published by the Consumer Energy Alliance, examines the benefits of pipelines to New York, highlighting the need for affordable energy supplies to keep the daily lives of families and businesses across New York moving. Without those pipelines, we’re toast. You can’t build windmills and solar farms fast enough to meet the growing demand for electricity–and natgas. Cuomo’s dysfunctional energy policies are blocking all New Yorkers, upstate and downstate, from living even moderately prosperous lives…
Lately we’ve wondered what’s been going on in the years-long struggle by Crestwood to create an LPG (liquefied petroleum gas, or propane) storage facility in a depleted salt cavern along the shoreline of Seneca Lake in the Finger Lakes region of Upstate New York. Last December we brought you the news that Crestwood had won a victory when a chief administrative law judge, part of the state Dept. of Environmental Conservation (DEC), ruled against antis who are demanding ongoing, never-ending hearings about the project–a transparent tactic to continue the years-long delay in perpetuity (see 
Has someone “gotten” to FERC Commissioners Cheryl LaFleur and Richard Glick–told them, “You vote against these pipeline projects or you don’t have a future in the Democrat Party”? That’s the thought we increasingly have as we watch the two sitting Democrats on FERC repeatedly vote against projects that in some cases they previously voted to approve. What makes someone like LaFleur flip and change her vote on something that two years ago she was 100% on board with? Something has to explain it! Two and a half years ago LaFleur, then a member of FERC, voted to approve Dominion Energy’s $165 million New Market Project, a project that expands Dominion’s transmission pipeline from western New York across the state to the Capital Region of the state, near Albany (see 
Two Canadian provinces that share a border, Alberta and British Columbia (BC), are in the midst of a heated argument/conflict/civil war(?)–over a pipeline. We’ve not covered the conflict, until now. The short version is this: Alberta has a rich deposit of oil in what are called oil sands. In order to get more of the bountiful supply of oil to new markets, in Asia, Alberta needs a new pipeline. Kinder Morgan operates the Trans Mountain Pipeline system and previously proposed expanding Trans Mountain–from Alberta through British Columbia to the shore where the oil can be loaded on tankers and sailed to other continents. BC has blocked the new pipeline, and so now Alberta has passed a law that allows them to stop existing oil and gas flows into BC. If that happens, it will bring BC to its metaphorical knees from lack of energy sources. Yes, it’s getting nasty. The Canadian federal government is also involved, attempting to pressure BC to allow the pipeline. What does that have to do with the Marcellus/Utica? If we were to say “Constitution” or “Northern Access”–perhaps the light bulb will go off. You see, we have a parallel situation here in the states. New York State is blocking gas pipelines critical to PA (as supplier) and to the New England states (as demand centers). At some point, it’s not beyond the realm of possibility that PA will begin to turn off existing natgas flows into NY–and then what will we do? We New Yorkers would be royally screwed. Gov. Cuomo pay attention to our neighbors to the north. What’s happening up there is coming in your direction, if you don’t change course…
In April MDN told you that the New York Dept. of Environment Conservation (DEC) had rejected a modest pipeline expansion proposal by Williams’ Transco Pipeline subsidiary (see 
We’re simply at a loss for words. New York Gov. Andrew Cuomo is not a dictator, or is he? Cuomo said on a recent campaign stop that he will unilaterally, illegally, block all new “fossil fuel” powered electric plants in the state, including clean-burning natural gas-fired plants. The man is delusional. He doesn’t have that power–unless the sheeple that live in NY allow him to get away with it. We New Yorkers must rise up and stop this megalomaniac before he plunges NY into the ash heap of history. During a campaign event last Thursday, May 10, in Manhattan, Cuomo said with respect to new gas-fired electric plants: “I have not approved any new ones, and I won’t.” He also said that the state currently has gas-fired plants “all over the state” and that the “long-term plan is to close them.” Breathtaking arrogance! We’ve checked the state Constitution and we don’t find anything in it that vests the governor with the power to ban specific types of businesses in the state, whether for energy or otherwise. Where does he get off?…
Is there a white knight that can ride in and save the day for pipelines being blocked by radicals like Andrew Cuomo in New York State? There may just be! Last week while testifying at a House Committee on Science, Space and Technology hearing, Dept. of Energy Secretary Rick Perry said that he believes states do not have the right to block interstate pipelines. Perry stopped short of saying that President Trump would consider issuing an Executive Order to approve projects like the Constitution Pipeline and Northern Access Pipeline projects in New York. But he did appear to hint at the possibility…
One of the lawyers who filed a petition with the U.S. Supreme Court requesting the Supremes hear the Constitution Pipeline case has written a column that rips the mask off New York Gov. Andrew Cuomo and exposes him for the corrupt autocrat he is. The column is long and uses a number of legal references and arguments, but we can sum it up this way: (1) Cuomo has been caught admitting he has imposed an illegal moratorium on new pipelines; (2) Cuomo’s action in blocking the Constitution and other pipelines usurps federal authority; and (3) Cuomo’s actions in blocking pipelines threatens national energy security. It’s not often we get the inside thinking of one of the key players in a high-profile lawsuit. Read the following and learn…
As the Competitive Power Ventures (CPV) Valley Energy Center natural gas-fired electric generating plant in Orange County, NY gets ready to begin service, some of the neighbors are not happy with noises coming from the plant. They hope local town officials can meet with Gov. Andrew Cuomo and convince him to lean on the Dept. of Environmental Conservation to revoke permits for the plant that CPV just spent almost a billion dollars to build. We told you a month ago the only sliver of a hope antis have to prevent the plant from starting up is to convince the DEC to block it (see 
In June 2014, New York’s highest court, the Court of Appeals, reaffirmed two lower court rulings that empowers townships and municipalities across the state to strip away property owners’ rights to allow drilling and other energy projects (see