Statewide NY

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    The Human Cost of Delay in New York — Absentee Husband

    New York’s ongoing delay in allowing shale drilling has very real costs for very real people. Some losers say, “That gas has been in the ground for a million years, it ain’t going anywhere. Let’s take our time and figure this out.” Waiting has a cost too–especially since drilling has proven to be safe in over 60,000 shale wells drilled in other states. The 70,000-member Joint Landowners Coalition of New York has sued Gov. Cuomo because he has, in essence, stolen the football off the field of play and has run out of the stadium with it. Under the rules (i.e. New York law) you can’t do that. You must make a decision in a timely manner because lack of decision is recognized as causing harm. But the JLCNY is not the only party to the lawsuit that would force Cuomo to complete the review process. There are also several individuals suing Cuomo too.

    An article in today’s New York Post looks at one of those individuals–Jon Kark. Jon is the owner, with his dad, of a 353-acre farm in Broome County, NY–just a few miles from where MDN editor Jim Willis is writing this very article. Jon is the sixth generation of Karks to own that land. In order to keep the land and the farm operating, Jon is never home–literally. In 2009 Jon had to leave town for a job that will pay the bills, including steep NY taxes assessed on his property. He gets home one or two weeks every year, and that’s it. He’d rather be at home working the farm, but he can’t afford it. His family can’t afford it. He could be at home working the farm, if Cuomo would get off his rear-end, suck it up and make a manly decision for a change, instead of dithering around, showing total lack of leadership…
    Read More “The Human Cost of Delay in New York — Absentee Husband”

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    JLCNY Legal & Moral Response to NY AG’s Request to Dismiss Lawsuit

    scales of justiceYesterday MDN told you about New York’s shameful Attorney General, Eric Schneiderman, had filed to dismiss the lawsuit brought by the 70,000-member Joint Landowners Coalition of New York that seeks to have the courts force Gov. Cuomo and his lieutenants to do their job and release new drilling regulations (see NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo). Immediately following our publication of that article, the lead attorney for the JLCNY, Scott Kurkoski, emailed MDN two legal documents he had filed in responding to the AG’s request to dismiss.

    The first document (embedded below) is the 43-page “Petitioners-Plaintiffs’ Memorandum of Law in Opposition to Motion to Dismiss”–the official response to Scneiderman’s shameful attempt to deny justice to residents of New York. It contains all of the legal reasons why the Article 78 case should move forward, and why Schneiderman’s request to dismiss should be denied. The second document (also embedded below) is a 113-page “Affirmation of Scott R. Kurkoski in Support of Petitioners-Plaintiffs’ Opposition to Respondents-Defendants’ Motion to Dismiss.” Only a lawyer can come up with a name like that! This second document is Scott essentially saying, “I’m a lawyer in this case with personal knowledge, and I support the JLCNY’s request to deny dismissing the case, and here’s why…” The first document contains the legal reasons why the case should move forward, the second document contains the moral/ethical reasons and pertinent background. Why read through a 113-page legal document?…
    Read More “JLCNY Legal & Moral Response to NY AG’s Request to Dismiss Lawsuit”

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    NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo

    In early March MDN told you the sad news that New York’s own Attorney General, Eric Schneiderman, is actively working against the residents of the state of New York by filing to dismiss a lawsuit brought by Norse Energy that would force Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to do their jobs and release new drilling regulations (see NY Attorney General Files to Dismiss Norse Lawsuit, More Delays). The 70,000-member Joint Landowners Coalition of New York also filed an “Article 78” lawsuit, similar to the Norse lawsuit.

    NGI’s Shale Daily is reporting that AG Schneiderman’s office has now filed a motion to dismiss this second lawsuit–fantastically claiming the JLCNY, which represents more than 70,000 New York landowners who want to see drilling commence, has “no standing.” Talk about chutzpah. Here’s the latest on the dysfunctional mess that is called New York State:
    Read More “NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo”

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    EPA/DOI Ask for More Time to Review PA-NY Constitution Pipeline

    NGI’s Shale Daily is reporting both the federal Environmental Protection Agency (EPA) and the Dept. of Interior (DOI) have filed requests with the Federal Energy Regulatory Commission (FERC) to extend the comment period on the proposed 124-mile Constitution Pipeline. The Constitution will run from the prolific gas fields of Susquehanna County, PA across the border and up into Schoharie County, NY where it will interconnect with two major interstate pipelines–carrying Marcellus Shale natural gas produced by Cabot Oil & Gas and other drillers (see New Marcellus Constitution Pipeline Announces “Final” Route). Along the way a local utility company will tap into the Constitution to deliver natural gas to rural locations (see Leatherstocking to Tap Constitution Pipeline for Local Deliveries).

    However, the Constitution will need to make a few changes, according to FERC (see FERC: Constitution Pipeline Should Make Changes to Lessen Impacts). But nothing too major. That is, unless the EPA and DOI jump in with new demands. Their delay is unwelcome and potentially troubling–although we’re not ready to hit the panic button just yet. Here’s what Shale Daily says about the request from EPA & DOI:
    Read More “EPA/DOI Ask for More Time to Review PA-NY Constitution Pipeline”

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    NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25

    Sadly, politics in New York State have become so corrupt that even the State Attorney General, Eric Schneiderman, actively works against the interests of the people he’s sworn to protect–the citizens of New York State. Late last year Norse Energy sued Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah over their collusion to stop shale drilling in the state (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Later, the 70,000-member Joint Landowners Coalition of New York joined that lawsuit (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah).

    How has AG Schneiderman reacted? By filing to dismiss the lawsuits and delay (see NY Attorney General Files to Dismiss Norse Lawsuit, More Delays). It’s utterly shameful. The lawsuit was scheduled for a hearing first in January, then moved to February, then March, and now April. It appears Norse and the JLCNY, whose cases are now tied together, will finally get a hearing at the end of April–on the 25th…
    Read More “NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25”

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    NY Attorney General Files to Dismiss Norse Lawsuit, More Delays

    The government of the State of New York–or rather certain government officials–continue to deny justice to residents in the state. The state’s supposed chief defender of the law, Attorney General Eric Schneiderman, unbelievably has filed a motion to dismiss the Article 78 case filed by Norse Energy that would compel Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to stop their intentional obstruction and finalize shale drilling rules. Norse, and the residents of New York, have been denied justice for 5 1/2 long years, and now Schneiderman doesn’t even want to allow those people their day in court. The attempt, if successful, would be an unimaginable miscarriage of justice by the highest officials in the state. It is, in fact, government tyranny of its residents.

    Norse’s legal beagle, Tom West, has filed a counter motion to the AG’s motion that points out the arrogance and huge legal holes in the AG’s arguments. In addition to delaying a hearing that was first set in January, then moved by the court to March, and now moved again to “sometime in April,” the court that will hear the case (Albany County Supreme Court) has decided to join a similar case brought by the 70,000-member Joint Landowners Coalition of New York to the Norse Energy case. West believes the AG will try to dismiss the JLCNY case as well (Schneiderman has no shame and actively works against his own constituents). Below is an update from The West Firm along with an announcement from the JLCNY about the further delay in their case…
    Read More “NY Attorney General Files to Dismiss Norse Lawsuit, More Delays”

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    Political Opposites Unite to Form Pro-Fracking Group in NY

    The 70,000-member Joint Landowners Coalition of New York (JLCNY), along with the Broome County Farm Bureau and several Southern Tier labor unions formed a new group (perhaps confederation is a better word) yesterday called Southern Tier Residents for Economic Independence. The new group illustrates how the fracking issue unites groups of people that often are on opposite sides of the political spectrum. Many labor unions are pro-fracking, a little-known secret anti-drilling “environmentalist” groups like to hide since labor unions usually swing Democrat/Liberal with their voting block. The fact that unions are defecting to “the other side” on this issue is causing heartburn inside anti-fracking central–places like Citizen Action of New York and the Park Foundation. Such anti-drilling groups haughtily believe they “own” the labor unions. Problem is, rank and file union members didn’t get that particular memo.

    Here’s the story of people with different political philosophies reaching across the isle for a righteous cause–shale drilling in NY…
    Read More “Political Opposites Unite to Form Pro-Fracking Group in NY”

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    Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now

    Just a quick word of encouragement to participate in an informal poll on the Binghamton Press & Sun-Bulletin website that asks the question: “Should New York approve natural gas drilling?” This poll has been active since late last week, so we expect them to shut it down at any time–be sure to vote right away (if that’s your pleasure). As of this morning, some 18,133 people had voted. Here was how the results stood…
    Read More “Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now”

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    Constitution Pipeline Payments to Groups – Donations or Payola?

    money bagWhat do you call it when a company pays money to local organizations and agencies before the project has been fully approved by federal, state and local agencies? These payments, mind you, are not fees for permits or licenses, but voluntary chunks of money offered to groups that may be affected by the project if it’s built–in this case a pipeline. Is it called, Good corporate citizenship? Being a responsible member of the local community? Or perhaps, payola?

    Regardless of what you call it, the Constitution Pipeline, a desperately needed natural gas pipeline that will run from the gas fields of Susquehanna County, PA to central New York where it will connect to two major interstate pipelines, has now paid out more than $1 million in “community grants” to help build support for the pipeline. Is that a good thing, or bad? We think it’s time to have that discussion…
    Read More “Constitution Pipeline Payments to Groups – Donations or Payola?”

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    Sandra Steingraber’s Big Gaffe at You Defend It Debate

    A few days ago we gave you our eyewitness account of a debate between John Holko, president of Lenape Resources and Sandra Steingraber, author, erstwhile biologist and Rachel Carson wannabe (see Fracking Debate at Binghamton U: Holko vs Steingraber). It was a good debate to illustrate the utter lack of credibility and facts used by anti-drillers like Steingraber. In writing up our review, we overlooked perhaps the most outrageous and silly thing Steingraber said Monday night. She was pressing home the point she believes it’s time, right now, for New York to flip the switch and end the use of all fossil fuels (yes, she’s that “out there”). Debate moderator Rob Kilmer was somewhat incredulous and asked her if/how we might accomplish such a feat. She responded there is historical precedence–that at one time in our country’s (evil, vile) history, we could not conceive of a national economy without slave labor–and in the same way we overcame that morally abhorrent practice, we can overcome using fossil fuels today–apparently something equally abhorrent for Steingraber. You read that right–she equated burning fossil fuels for energy (something every single person reading this does, including Steingraber) with the enslavement of Africans in our distant past. How twisted is that?

    Our good friend Tom Shepstone from the must-read Natural Gas Now website brings us his view of the debate and recounts Steingraber’s “gilding of the lily” with her slavery comment…
    Read More “Sandra Steingraber’s Big Gaffe at You Defend It Debate”

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    NY Attorney General Actively Works Against 70K NY Landowners

    chained dogAs hard as it is to believe, New York’s Attorney General continues to work against his own constituents. We’ve known since his election that Democrat Eric Schneiderman is anti-drilling–what we didn’t know was was how much of an activist he would be, using his office to further his own distorted views on oil and gas drilling. He’s misused the power of the subpoena to go after drillers (see NY Attorney General Schneiderman Subpoenas Shale Drillers). He’s abused the power of his office to investigate town board members in towns that voted to “wait and see” (i.e. not ban) shale drilling (see NY Attorney General Investigates Towns Who Won’t Ban Fracking).

    Now, unbelievably, he has asked the court (and succeeded) in delaying a lawsuit brought by 70,000 New York residents–the people he’s sworn to protect–against Gov. Andrew Cuomo. It seems that Cuomo is the only person in the state Schneiderman wants to protect. He’s Andy’s personal junk yard guard dog–on a not-so-short leash. The Joint Landowners Coalition of New York (JLCNY) recently sued Cuomo with an Article 78 lawsuit, in essence asking the court to force Cuomo to do the job he won’t do and release new oil and gas drilling regulations (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah). Schneiderman has gotten the court to delay any action on the lawsuit from March 7 to April 4, to give Schneiderman and his lieutenants, what, more time after 5 1/2 years?…
    Read More “NY Attorney General Actively Works Against 70K NY Landowners”

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    US Sec of Energy Moniz Gives Cuomo Swift Kick over Fracking Delay

    U.S. Secretary of Energy, Ernest Moniz, gave NY Gov. Andrew “Can’t-Make-a-Decision” Cuomo a metaphorical kick in the rear yesterday by saying Cuomo ought to consider the economic prosperity fracking has brought to Pennsylvania. He also said fracking can and is being done safely–that it’s “manageable.” In other words, wise up Andy.

    Three cheers for Ernie! Here’s what Moniz told Politico’s Capital New York publication:
    Read More “US Sec of Energy Moniz Gives Cuomo Swift Kick over Fracking Delay”

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    Shame & IgnomiNY: Cuomo Sued by 70K NY Residents over Frack Delay

    The shame and ignominy of being sued by residents of your own state to do you job. That’s what happened to Gov. Andrew “Can’t Make a Decision” Cuomo on Friday when the 70,000-member Joint Landowners Coalition of New York filed an Article 78 lawsuit last Friday (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah). You might think 70,000 residents suing a governor would be important news–even the whiff of something like that should rate at least a mention in the news, right? If you live in Binghamton (where the JLCNY is headquartered), and your newspaper is a local liberal Gannett newspaper–that answer would be: “wrong.” In the lead-up to the lawsuit being filed, the Binghamton Press & Sun-Bulletin obstinately (and angrily) refused to cover the story. They censored it. It was only after MDN friend and intrepid blogger Andy Leahy, writer of NY Shale Gas Now! prodded and poked and agitated the great dragon did they finally deign to post an article about the lawsuit.

    The article finally appeared in the Saturday, Feb 15 edition (the day no one reads the paper). To their credit, it was a front-page story–“above the fold.” But it was tucked along the right side (see the front page of that issue below). What, you may ask, was the all-important lead news item dominating the front page, taking up more than half of the editorial space? An open house at Binghamton University. Talk about journalistic integrity and keen insight–people with a real bead on what’s important for readers. Those editors at the PSB, there’re a sharp bunch…
    Read More “Shame & IgnomiNY: Cuomo Sued by 70K NY Residents over Frack Delay”

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    D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah

    Gavel fallingToday the 70,000 members of the Joint Landowners Coalition of New York (JLCNY) will finally launched their legal offensive against a recalcitrant governor, commissioner of the DEC, and the state health commissioner. D-Day will, of course, forever be associated with the first day of the World War II Allied Forces landing on the beaches of Normandy, France–June 6, 1944. We are in no way comparing the current action by the JLCNY with that momentous day which included incredible sacrifices by brave American (and other country’s) troops. However, D-Day is also a generic military term that means the day on which a combat attack or operation is to be initiated. It is in that sense we say that today is legal D-Day for the JLCNY and pro-drilling landowners. This IS a battle, it IS important with incredibly high stakes, and it does seem as though the odds are stacked against us. However, we have our own allied legal forces and we, as pro-drilling landowners in New York, are determined to win. And win we will!

    The lawsuit will be filed in Supreme Court in Albany County, NY. (Oddly enough, Supreme Court is a lower court in New York–one step up from county court.) What a badge of shame for Cuomo, Martens and Shah to be sued by residents of their own state, pleading with the courts to force them to do the job they were elected (or appointed) to do. Below is the overview statement from JLCNY’s lead attorney Scott Kurkoski, a partner at Binghamton law firm Levene Gouldin & Thompson. It outlines the legal arguments the JLCNY will use in their Article 78 lawsuit to force compliance with established law and force the release of the SGEIS shale drilling regulations. Below the overview are copies of the lawsuit paperwork being filed today (three documents in all). We wish Scott and the JLCNY Godspeed and good luck–we’re cheering the whole way, and you should be too…
    Read More “D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah”

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    JLCNY Prepares to File Lawsuit Against Gov. Cuomo Tomorrow

    The Joint Landowners Coalition of New York, a 70,000-member strong confederation of landowners who want to move forward with shale drilling, is slated to file an Article 78 lawsuit tomorrow against Gov. Andrew Cuomo, Dept. of Environmental Conservation Commissioner Joe Martens, and State Health Commissioner Nirav Shah. As MDN previously explained, an Article 78 essentially forces recalcitrant (and perhaps inept) elected officials to perform their sworn duties (see JLCNY Lawsuit Imminent – But Not the One You Thought).

    The JLCNY is being given an assist with their lawsuit by the Mountain States Legal Foundation. Just two weeks ago the JLCNY put out the call to raise another $18,000 for legal expenses, and by golly, they got it…
    Read More “JLCNY Prepares to File Lawsuit Against Gov. Cuomo Tomorrow”

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    Q-Poll Shows NYers Think Cuomo is Foot-Dragging on Fracking Issue

    foot draggingThe latest statewide Quinnipiac University poll of New York residents finds a majority of NYers believe Cuomo is indecisive–that is, he’s intentionally dragging his feet on making a decision about whether or not to allow shale drilling in the state. A smaller percent still buy his line about “carefully evaluating” the situation. Translation: There are 32% of us living in NY (who don’t smoke pot) who know that nearly 6 years is long enough for a decision to be made. We can see through the transparently pathetic attempt at stalling for political purposes. Some 23% think Andy’s jest bein’ xtra careful (that’s the hippie greenies). Then there’s the 42% who don’t have an opinion either way–yet. Our best hope is to swing those people to the truth side of the debate.

    Here’s the latest Q-poll results on the topic of shale drilling in NY:
    Read More “Q-Poll Shows NYers Think Cuomo is Foot-Dragging on Fracking Issue”