New York

Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Fracking Justice Denied NY Landowners Yet Again Thanks to NY AG
January 16, 2014January 16, 2014

A liberal New York judge has just just granted New York State an additional month and a half to get their act together to respond to the Article 78 lawsuit filed by attorney Tom West on behalf Norse Energy. You may recall West filed the lawsuit in the middle of December in an attempt to force Gov. Andrew Cuomo, DEC Commissioner Joe Martens, and Health Commissioner Nirav Shah to actually do their jobs (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). It’s been 5 1/2 long years and the state continues to intentionally delay the release of fracking regulations–the delay, which is now obvious to everyone, is for political reasons. The delays eventually sent Norse Energy into bankruptcy. The company can’t even sell their leases via auction to compensate shafted investors because of the continuing delay by Cuomo. West was hired to force the governor and his minions to suck it up and do their jobs.

How does the state respond? Cuomo’s Attorney General Eric Schneiderman (a strong anti-driller himself) has found a sympathetic lib judge to, incredibly, further delay! Until March 7 (instead of the scheduled January 24)–to give the state “more time” to…I don’t know, to do what? Make more coffee runs to Dunkin Donuts? Apparently 5 1/2 years isn’t enough time! West said it’s this very kind of delay tactic that prompted Norse to file the lawsuit in the first place! So now, justice is delayed yet again. You know the old saying, justice delayed is justice denied. Landowners in NY have certainly been denied justice under this corrupt governor and his AG…
Read More “Fracking Justice Denied NY Landowners Yet Again Thanks to NY AG”
Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

NY Judge Tosses Out Sidney Moratorium Law for Procedural Issues
January 15, 2014January 15, 2014

It was a good day for New York landowners and pro-drillers yesterday. MDN told you on Monday that we had confirmed a decision had been made in the lawsuit brought by landowners in Delaware County against the Town of Sidney, NY for passing a moratorium on fracking (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). We knew there had been a decision by Supreme Court Judge John F. Lambert–we just didn’t know what the decision was.

MDN received a copy of the decision yesterday (full copy embedded below) and it’s good news for landowners. The moratorium law was ruled “invalid”–but not because it was a moratorium. The law was tossed out because of the way it was enacted–for procedural issues. In fact, Judge Lambert was careful in his decision to point out that, “…the court has not addressed the moratorium issue.” So although this was a good decision and a reason to be happy, it wasn’t a jump-up-and-down-let’s-celebrate decision that seals of the fate of fracking moratoriums in NY. It occupies the middle ground on the happy face scale for us…
Read More “NY Judge Tosses Out Sidney Moratorium Law for Procedural Issues”
Broome County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal
January 15, 2014January 15, 2014

Yesterday MDN told you the great news that the City of Binghamton had withdrawn its appeal of a court decision overturning the moratorium passed by an all-Democrat City Council and mayor at the eleventh hour in 2011 (see Breaking: NY Court Decisions in Binghamton & Sidney Cases). As we said yesterday, the interesting aspect of the Binghamton development is the timing–coming so close to a new mayor taking office. We said it sure looks like new Republican Mayor Rich David played an important role in the decision to withdraw the appeal. We were right.

MDN contacted the mayor’s office and we were told he’s traveling at the moment and would respond upon his return. However, a few hours later his office issued the following statement in which Mayor David lays out the timeline and his role in ending the long, drawn-out process. David came down on the side of landowners and pro-drillers–so three cheers for Mayor David! Here’s the statement issued by his office midday yesterday:
Read More “Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal”
Anti-Drilling/Fossil Fuel | Broome County | Delaware County | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Breaking: NY Court Decisions in Binghamton & Sidney Cases
January 14, 2014January 14, 2014

An important development in two New York court cases that potentially impacts shale drilling in the state–and no, neither is (directly) about the Dryden or Middlefield town ban cases currently before New York’s highest court, the Court of Appeals. The two cases we’re referring to are (1) the City of Binghamton and their ill-fated “moratorium” thrown out by a lower court judge in 2012 and subsequently appealed, and (2) a similar moratorium in the Town of Sidney, NY.

In the Binghamton case, the appeal of the tossed-out fracking moratorium authored by anti-drilling husband and wife team of David and Helen Slottje has been withdrawn–so that case is now officially ended and the moratorium remains tossed and unenforceable. This is big news with big implications. In the case of Sidney, the judge in that case (different judge from the Binghamton case) issued a decision yesterday, but as of the time we wrote and posted this story, we still do not have a copy of the decision. We’ll post it as soon as we get it. Let’s dive deeper into both cases…

(Important update at the end of this article)
Read More “Breaking: NY Court Decisions in Binghamton & Sidney Cases”
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Otsego County | Regulation | Statewide NY | Tompkins County

NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases
January 10, 2014January 10, 2014

According to Tom West, lead attorney in the New York “Dryden” court case that seeks to overturn bad lower court decisions that allow towns to completely ban fracking, the “last word” has been now been filed by landowners and (in the case of West’s client), drillers like Norse Energy. West, via his blog site, announced two days ago that the final briefs with counter-arguments have been filed for both the Dryden and Middlefield cases (copies of both final briefs are embedded below). According to West, additional friend-of-the-court briefs (called amicus briefs) will still be filed, but until oral arguments are heard in a few months, this is the final word from our side of the isle. Interestingly, when you read through the two briefs, they each make slightly different arguments–perhaps increasing the odds that something will resonate with the justices.

Here’s what West says via his blog site about the filings:
Read More “NY Pro-Drillers File Final Briefs in Dryden/Middlefield Cases”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY | Statewide WV | West Virginia

Compare & Contrast 2 Eastern Democrat Governors on Shale Drilling
January 9, 2014January 9, 2014

Let’s compare and contrast “state of the state” addresses delivered yesterday by two Democrat governors in the eastern United States. Governor A has a thriving, business-friendly state that welcomes not only service businesses but specializes in ensuring heavy industry businesses are welcome and investing in his state. In fact, Governor A, who is not only business-friendly but also environment-friendly, works tirelessly to expand job opportunities for his residents, including shale jobs. He’s probably the only Democrat MDN would vote for! And that’s saying something.

Governor B, on the other hand, generally sits on his rear-end, goes to expensive fundraisers deluding himself that he has a chance at the presidency, has the highest unemployment in the eastern U.S., is driving thousands of businesses (and business owners) out of his state each month while mouthing platitudes about being business-friendly, and frankly is a do-nothing governor. Can you guess which is which?…
Read More “Compare & Contrast 2 Eastern Democrat Governors on Shale Drilling”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Releases a Draft (Frackless) State Energy Plan
January 9, 2014January 9, 2014

Last week Gov. Andrew Cuomo and New York State very quietly released a draft New York State Energy Plan for 2014. No fanfare. No nothin. The plan supposedly “sets forth a vision for New York’s energy future that connects a vibrant private sector market with communities and individual customers to create a dynamic, clean energy economy.” Completely absent from the plan? Shale drilling. Which means this is not really a plan at all, but a political advertisement that panders to Cuomo’s kook fringe left–people like Debra Winger, Josh Fox, Mark Ruffalo, Yoko Ono and a plethora of other non-thinkers.

We were first alerted to the release by MDN friend and intrepid blogger Andy Leahy and his excellent NY Shale Gas Now! blog site. Must be the AP reads Andy, because not long after his post went live, the AP ran a story that’s been republished in dozens of newspapers coast to coast. Here’s Andy’s excellent take on the draft so-called “energy plan” from Gov. Frackless…
Read More “NY Releases a Draft (Frackless) State Energy Plan”
Anti-Drilling/Fossil Fuel | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Lenape Resources | Livingston County | New York | Regulation | Statewide NY

NY’s Ongoing War Against Natural Gas – An Update
December 30, 2013December 30, 2013

Lenape Resources is one of MDN’s favorite NY-based energy companies. We’ve heard their CEO John Holko speak at events touting the benefits of shale drilling in NY. John doesn’t just say good things about drilling, he puts his money (and his time) into the cause as well. In 2012 Lenape sued the Town of Avon, NY (Livingston County) over their hastily passed fracking ban, a ban that not only bans horizontal or shale fracking (which isn’t even allowed in NY) but also ended up banning vertical fracking in the town, something that’s been going on in NY for more than 40 years. Lenape lost the case in lower court and appealed it (see Lenape Appeals Ruling, Seeks to Overturn Frack Ban in Avon, NY).

In its heyday, before the NY frack moratorium that’s now 5 1/2 years old, Lenape employed 100 people. Today? They have 5 people. Sound familiar (cough *Norse Energy* cough)? NY is driving energy companies out of business with ongoing hostility by municipalities like Avon and with delays by the state. NY is about as business unfriendly as you get. Here’s an AP update on Lenape and the ongoing negative impact of the frack moratorium in NY:
Read More “NY’s Ongoing War Against Natural Gas – An Update”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

Does PA Supreme Court Act 13 Decision Affect NY Cases?
December 30, 2013December 30, 2013

Apparently there’s been some concern, confusion and downright misleading information circulating since the recent PA Supreme Court decision that grants municipalities in PA the right to continue zoning where shale drilling can and cannot take place (see PA Supreme Court Rules Against State/Drillers in Act 13 Case). Some have tried to draw parallels between the “Dryden” and “Middlefield” cases now before the NY Court of Appeals (NY’s highest court) and the decision by the PA Supreme Court, because both involve issues of home rule or the right of localities to impose zoning on oil and gas drilling.

Even though both the PA Act 13 and the NY Dryden/Middlefield cases are both home rule cases, they are nothing alike and the PA case in no way impacts or affects the NY case. Perhaps the biggest difference between the PA and NY cases is this: In PA even though municipalities can now legally zone for oil and gas drilling, they must still allow oil and gas drilling in at least one zone. In NY, towns have completely banned drilling throughout the entire (rural) township. Huge difference. And there are other differences. Because of the ongoing confusion, the pro-drilling attorney for the Middlefield case, Scott Kurkoski, issued the following statement on the JLCNY website to clear the air and set the record straight…
Read More “Does PA Supreme Court Act 13 Decision Affect NY Cases?”
Anti-Drilling/Fossil Fuel | Guest Post | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY’s Albany Anti-Frack Protest – Made Possible by Natural Gas
December 30, 2013December 30, 2013

Not only are the crazies marching in Maryland (see today’s story Maryland Anti-Fracking “Madness” Continues – Crazies on the March), they’re also about to descend on Albany, NY. MDN friend and occasional guest blogger Vic Furman, a retired IBMer and one of the leaders of the Joint Landowners Coalition of New York, provided the article below pointing out the hypocrisy of those who oppose shale drilling. Vic says that in nine days when anti-drilling protesters arrive in Albany (many from out of state), they will do so because natural gas and oil from shale drilling made it possible for them to be there.

Take time to read Vic’s post and consider the salient points he makes:
Read More “NY’s Albany Anti-Frack Protest – Made Possible by Natural Gas”
Hydraulic Fracturing | Industrywide Issues | Monroe County (NY) | New York | Public Opinion | Regulation

Rochester Poll: Cuomo Wrong to Delay, Begin Fracking Now
December 27, 2013December 27, 2013

Unscientific opinion survey? To be sure. But the results from a recent Rochester (NY) Business Journal poll that asks the question of whether or not Gov. Andrew Cuomo should continue to delay a decision on fracking is enlightening. Some 540 RBJ readers participated in the web-based snap poll that asked two questions about fracking. It will be no surprise to you that the vast majority of RBJ readers believe Cuomo should make a decision now–and that the decision should be to allow fracking to commence.

Most people who read the RBJ are small business people–entrepreneurs and managers and people who make things happen. In other words, they are producers–the opposite of the government-dependent leeches we tend to turn out in NY in large numbers. Producers are clear-headed–they know how to evaluate information and come to a logical conclusion. And the conclusion reached in “liberal” Rochester is this: fracking is safe, it’s time to start. Get off the pot Cuomo! Here’s the details from the RBJ snap poll:
Read More “Rochester Poll: Cuomo Wrong to Delay, Begin Fracking Now”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY | Tompkins County

Anti-Fracking Slottjes Use Norse Energy NY Lawsuit as Fundraiser
December 24, 2013December 24, 2013

The husband and wife legal team of David and Helen Slottje are using the Article 78 lawsuit filed by Norse Energy against Gov. Cuomo, and Commissioners Martens and Shah as a shameless fundraiser. The Slottjes have made a career out of touring cities and towns in upstate NY, attempting to convince innocently ignorant town board members to illegally ban fracking, thereby denying the Constitutional rights of landowners throughout entire municipalities. The Slottjes have been doing it for years now. (See our initial impression of Helen Slottje from February 2010 in this article: DISH, Texas Mayor Calvin Tillman Visits Binghamton – Marcellus Drilling News was There.)

All of that traveling and “pro bono” work needs to be funded somehow. So whatever the Park Foundation won’t pay them, they have to raise themselves, which they do by using a front organization called the Community Environmental Defense Council (Incorporated). The Slottjes are rather shameless in the yarns they spin, all the while sticking their hands out. Here’s the latest example of “never let a good crisis (or lawsuit) go to waste”…
Read More “Anti-Fracking Slottjes Use Norse Energy NY Lawsuit as Fundraiser”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

JLCNY Sends Gov. Cuomo a Lump of Coal for Christmas
December 24, 2013December 24, 2013

This one put a smile on our faces. The Joint Landowners Coalition of New York (JLCNY) sent around an email that encourages those who support drilling to print out and send a copy of the postcard we’ve embedded below. It shows a picture of a lump of coal and tells Cuomo he’s on the naughty list this year–but he still has a chance to redeem himself and make the nice list for next Christmas. Love it! It’s funny yet serious at the same time. The JLCNY hopes drilling supporters will print it out and send it (multiple times) over the next 30 days. We add our voice to theirs and encourage you to do just that.

Here’s the message (and postcard) from Santa and the JLCNY:
Read More “JLCNY Sends Gov. Cuomo a Lump of Coal for Christmas”
Anti-Drilling/Fossil Fuel | Broome County | Cortland County | Energy Services | Industrywide Issues | Millennium Pipeline | New York | Onondaga County | Pipelines

Millennium Scraps Cortland-to-Syracuse Pipeline, Binghamton Next?
December 19, 2013December 19, 2013

In May MDN told you about plans by the Millennium Pipeline to expand “south to north,” to haul Marcellus Shale gas from Cortland to Syracuse, NY, launching a non-binding “open season” to gauge interest (see The Irony: Millennium Pipeline Expanding in NY for More Shale Gas). The Cortland-to-Syracuse pipeline was part of a larger plan, to go from Binghamton-to-Syracuse. The Millennium’s plan is/was to build a pipeline from Binghamton to Cortland first, and then from Cortland on to Syracuse. The open season in May was to see if there would be enough interest for the Cortland to Syracuse leg. Apparently, there was not.

An article in the Syracuse Post-Standard yesterday says the Millennium has scrapped their plan to build the Cortland-to-Syracuse pipeline. And, even more surprisingly, the Binghamton-to-Cortland pipeline (where the Millennium would connect to the Dominion Transmission pipeline) is now ominously “under review.” Which sure looks to us like the entire project may be scrapped. Question: Did the ever-present opposition from anti-drilling nutters sink the Millennium project?…
Read More “Millennium Scraps Cortland-to-Syracuse Pipeline, Binghamton Next?”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Litigation | New York | Statewide NY

NYC Comptroller-Elect Scott Stringer: Anti-Fracking “Bully”
December 19, 2013December 19, 2013

New York City’s anti-drilling comptroller-elect, Scott Stringer, will take office in January. Even before he ascends to his throne, Stringer is filing a friend of the court (or “amicus”) brief on behalf of the Town of Dryden. Dryden, you may recall, illegally voted to ban fracking and has been challenged all the way to the state’s top court. In filing the amicus brief, Stringer said he wants to use the law as a “bully pulpit”. More like he just wants to bully other people by (ab)using the law.

The really troubling aspect of Stringer’s character is his blatant disregard and mafia-like attitude that he’ll do what he wants to do and no one will stop him. Case in point: Stringer has not “ruled out” (meaning he’s planning to use) the $140 billion pension fund he’ll control when he assumes office to bully corporate boards over issues like fracking. Really nice guy that Scott Stringer…
Read More “NYC Comptroller-Elect Scott Stringer: Anti-Fracking “Bully””
Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs
December 18, 2013December 18, 2013

Newly appointed Norse Energy lawyer Tom West (from Albany) is a man of his word. He says what he means and means what he says. Exactly two weeks ago West had a “demand” letter hand-delivered to NY Dept. of Environmental Conservation (DEC) Commissioner Joe Martens. The letter, “demanding” to have a release date for the now 5 1/2 year-old draft fracking regulations, was also delivered to State Health Commissioner Nirav Shah and to Gov. Andrew Cuomo himself (see Tom West Demands DEC Com. Martens Release the SGEIS – Soon). The unstated threat was that if there is no response, West fully intends to file an Article 78 lawsuit against all three to force the release. Article 78 is a provision that makes recalcitrant (and ineffective) government officials do their job.

Yesterday afternoon West made good on the threat and filed the lawsuit (see a full copy embedded below). Among the justifications for requesting the court to force the release of the fracking regulations (called the SGEIS), is this “hit it out of the park” statement:
Read More “Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs”