Towns that Ban Fracking Could be Bankrupted by Takings Lawsuits
New York townships that recently won the right to outright ban shale drilling with a 3-2 majority vote by a town board may want to rethink their ill-advised votes. Due to a tip from a sharp MDN reader, we bring you a press release from the National Association of Royalty Owners (NARO) about recent court decisions in Colorado. Similar to the New York case, some municipalities in CO have attempted outright bans of fracking–and those cases, contrary to what happened in NY–are being lost. (Certainly not the first time NY has been out of step on important issues.) One study mentioned in the NARO announcement says that bans and moratoria in Boulder County, CO could result in more than one billion dollars of “takings” lawsuits by landowners. In other words, the lawsuits will bankrupt the towns and villages stupid enough to enact a ban. Are you listening Dryden and Middlefield? You won round one in NY–but the battle is far from over and taxpayers in your towns may one day rue your decision to act foolishly to ban fracking…
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Yesterday the 70,000-member Joint Landowners Coalition of New York (JLCNY) along with several individual landowners filed an appeal in their Article 78 lawsuit that was dismissed by a lower court in Albany County, NY earlier this month. You may recall that the JLCNY sued NY Gov. Andrew Cuomo, Dept. of Environmental Conservation Commissioner Joe Martens, and state Health Dept. Commissioner Nirav Shah over their refusal to deliver fracking regulations (see
For years MDN (and others) have written about the shadowy Park Foundation, a supposedly philanthropic non-profit with offices in Ithaca, NY, as behind some of the most insidious and frankly false “research” that attempts to smear the miracle of hydraulic fracturing. A new article in the summer issue of Philanthropy magazine lays bare the collusion that exists between the Park Foundation and researchers at once-storied institutions like Cornell University. In fact, Park is the funder of many anti-shale groups, including Food & Water Watch, Friends of the Earth, Greenpeace, and more than 50 large and small groups. Park has woven a clever web of bought-and-paid for “researchers” and “reporters” at both big and small media outlets to plant false stories about shale gas…
Where to begin? New York’s anti-drillers have sunk to a new low in their irrational quest to eliminate fossil fuels. They’ve resorted to intimidation, threats and now violence against public officials. For extra good measure, they’re poisoning the minds of New York’s school children–using them as props because they can’t get traction from the public for their own bizarro ideas. Let us explain the latest outrage in the antis’ fight to prevent a badly-needed liquid propane storage facility in Schuyler County, NY…
When an oil train in New York explodes from a terrorist act, don’t say we didn’t warn you. The blood of it will be on the hands of eight environmental groups (including Earthjustice, Sierra Club and Riverkeeper). New York State officials caved and decided to turn over details about Bakken crude oil train movements through the Empire State in response to a Freedom of Information Law (FOIL) request (see
New Yorkers continue to react to the dismissal of a court case brought by the 70,000-member Joint Landowners Coalition of New York (JLCNY) and Norse Energy against state officials to force them to release six-year-delayed fracking regulations (see 
Back in March, MDN started to hear rumors that the Kirkwood, NY Gas Coalition (outskirts of Binghamton, NY, in Broome County) would soon call for an all-hands meeting of coalition members to consider an offer to lease coalition land for drilling (see