Statewide NY

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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”

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    NY Senate Bill Forces Cuomo DEC to Authorize New Propane Storage

    MDN has long chronicled the struggle for Inergy (now a part of Crestwood Midstream) to turn a depleted salt cavern along Seneca Lake, NY into a critically important underground propane storage facility–the only such new facility planned for the northeast. We’ve also told you about nutty protesters, like so-called “distinguished scholar in residence” at Ithaca College, Sandra Steingraber, who was arrested for blocking the entrance to the facility last year (see NY Protesters Arrested for Blocking NatGas Storage Facility). We even told you which businesses you should consider boycotting for their agitation against the facility (see Inergy: Boycott NY Businesses that Support ‘Gas Free Seneca’). One of the businesses in the list stands out: Pompous Ass Winery, run by…well, you can imagine.

    As MDN noted not long ago, the delay in allowing Inergy/Crestwood to begin using the facility to store propane is partially to blame for why northeasterners are now paying propane rates out the nose (see Northeast Propane Shortage – Andrew Cuomo Partially to Blame). Enough dithering by Can’t-Make-a-Decision Cuomo. NY State Senate Energy Committee Chairman George Maziarz, R-Lockport, has introduced a bill that requires the recalcitrant state Dept. of Environmental Conservation to get off the pot and permit the facility…
    Read More “NY Senate Bill Forces Cuomo DEC to Authorize New Propane Storage”

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    PA’s Long-Lived Marcellus Renaissance Can’t be Denied, Even by NY

    Judging by the stories we’re now seeing, must be Gov. Cuomo’s internal poll numbers are a lot worse than we thought. So bad that his buddies at Gannett need to try and prop him up by rewriting current history. Get this, the headline for a story in the Binghamton Press & Sun-Bulletin actually attempts to make the claim that the economic miracle happening right across our border in PA…isn’t actually happening! Talk about chutzpah. “Pay no attention to all of those jobs–all of that money–all of the new tax revenue. None of it’s real. It’s all a flash in the pan. Here today, gone tomorrow.”

    Wow. We guess you can fool some of the people all of the time, going by the PSB’s propaganda…
    Read More “PA’s Long-Lived Marcellus Renaissance Can’t be Denied, Even by NY”

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    Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking

    New York State Health Commission Nirav Shah apparently has no problem rushing his “research” and decision that New York State is ready for pot smoking–but dang, there’s just no telling how long it will take to figure out if fracking is OK for New York. That’s what he told New York lawmakers yesterday during budget hearing testimony.

    Whip out a joint–for “medical purposes” (wink wink nod nod)–and that’s hunky-dory with Shah. Lower everyone’s energy costs, create thousands of new jobs, take some of that nasty carbon out of the environment, and stick some coin in farmers’ pockets? Nah–a bridge too far for Nirav Shah (i.e. Andrew Cuomo). We wonder what they’ve been smoking…
    Read More “Pass Me a Joint – Pot Smoking Coming to NY, But Not Fracking”

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    JLCNY Lawsuit Imminent – But Not the One You Thought

    court gavelLike all things legal–and like all things NY–this story is a tad complex, so please bear with us. If you have an interest in whether, and when, NY begins shale fracking, this is an important story. For some time MDN has told you about the lawsuit that has been prepared and waiting (for funds) to move forward by the Joint Landowners Coalition of New York (JLCNY). Their lawsuit was to focus on “takings,” the legal concept that New York State has denied landowners the sovereign right to use their own property as they see fit–to lease it for shale drilling–and by doing so the state owes them just compensation for “taking” away that value (see our story from last April: JLCNY Provides Extensive Update on NY “Takings” Lawsuit).

    The JLCNY has changed legal strategies–that is the big news. Instead of pursuing the “takings” lawsuit at this point, which is a long, expensive legal process, the JLCNY has instead decided to change their legal focus to an Article 78 lawsuit. Sound familiar? Recently Norse Energy hired Albany attorney Tom West to file an Article 78 on behalf of their now bankrupt company (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). By adding the voice of 70,000 landowners to a second Article 78 lawsuit, which is a legal way of forcing Gov. Cuomo, DEC Com. Martens and Health Com. Shah to perform their sworn duties, the JLCNY believes this new legal strategy will offer a more effective, quicker resolution to the long-standing moratorium (now in place over 5 1/2 years). We have a copy of the “demand” letter by the JLCNY to Martens, a press announcement and a fundraising appeal from the JLCNY below…
    Read More “JLCNY Lawsuit Imminent – But Not the One You Thought”

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    Binghamton Newspaper Censors JLCNY Lawsuit News

    Once again a glittering example of why mainstream media news sources, like the Binghamton Press & Sun-Bulletin, are dying. Fast. Because they simply ignore (suppress? censor?) news that doesn’t fit their own anti-drilling philosophy.

    You might think that an organization that boasts 70,000 members throughout New York State (the Joint Landowners Coalition of New York, or JLCNY) that has just sent a letter to the governor, the head of the Dept. of Environmental Conservation and the state health commissioner telling them they’re about to get sued (see our companion story today) might be newsworthy. Further, if the chief lawyer and the president of said group (representing 70,000 landowners) called a press conference to explain the upcoming lawsuit–you might think it would at least rate a paragraph or two in the local newspaper of record. Right? If you live in the Binghamton area, that answer would be–wrong…
    Read More “Binghamton Newspaper Censors JLCNY Lawsuit News”

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    Run Donald Run! Will “The Donald” Challenge Frackless Andy in NY?

    Could Donald Trump slay the evil frackless dragon Smaug (otherwise known as Gov. Andy Cuomo)? Only if he runs for governor. Last October we told you of rumors circulating that Donald Trump was considering a run against sitting Gov. Andrew Cuomo (see Can Donald Trump Save Fracking in NY?). He’s frankly the only person with enough name recognition that could even possibly pose a serious challenge to Cuomo. Soon after we ran that story, however, Trump seemed to tamp down the rumor.

    But what’s this? It appears The Donald is reconsidering and may yet run (which we earnestly hope he does)…
    Read More “Run Donald Run! Will “The Donald” Challenge Frackless Andy in NY?”

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    The Secretive Ways of NYS Health Com. Nirav Shah

    It’s no secret that New York State Health Commissioner Nirav Shah is having his chain yanked by his boss, Gov. Andrew Cuomo, on the issue of hydraulic fracturing. The Health Department has been involved every step of the way with the Dept. of Environmental Conservation (DEC) over the past 5 1/2 years, evaluating proposed drilling regulations with an eye on whether there are so-called public health impacts and ramifications. But at the eleventh hour last year, Cuomo instructed Shah to do yet another review, and that review, which at one point Shah said was just “weeks away” from being completed, is still not done more than a year later. Why? Cuomo told him to slow it down. That’s the only explanation that makes sense.

    Recently Shah as quizzed about the process he’s using to “evaluate” fracking regulations and potential health impacts. Shah has been super secretive about what he’s up to. He’s gone on record saying the process he’s using should not be transparent as it’s being done–only at the end. Anti-drillers are as frustrated with him as pro-drillers. Both sides have sued Shah (for different reasons) and according to anti-drilling former Gannett reporter Tom Wilbur, Shah is about to be forced to reveal what he’s been up to…
    Read More “The Secretive Ways of NYS Health Com. Nirav Shah”

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    NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest

    litigationIn what is sure to be a bitter disappointment to New York’s landowners, Dept. of Environmental Conservation Commissioner Joe Martens said yesterday in testimony to lawmakers that he’s not going to issue any permits for shale drilling before 2015. Unless, of course, he’s forced to by a court (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Martens’ comments came as he gave testimony about the DEC’s budget for the next fiscal year, which begins on April 1st. Martens is not including anything in the DEC budget for shale drilling oversight and told lawmakers it would be “extremely unlikely” that permits would be issued before the end of March 2015, hence no need to bulk up his budget for it.

    Are we surprised? Not really. The decision of whether or not to allow fracking in New York has been a political and not a scientific one for a long time now–we’d say for years. Gov. Andrew Cuomo continues to push off the decision–not Health Commissioner Nirav Shah, not Joe Martens, but Cuomo. Shah and Martens are just foot soldiers that do their master’s bidding. This latest revelation of no fracking until 2015 further validates landowners’ resolve in pushing forward with lawsuits on various aspects of the drilling issue at various levels of the court system. It’s now obvious we will have to litigate for our freedoms–or loose them forever…
    Read More “NY DEC Com. Martens Says No NY Fracking Until 2015 Earliest”

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    New NYC Mayor Comes Out Against Fracking Anywhere in NY

    NYC Mayor Bill De BlasioThe new mayor of New York City, Bill De Blasio, is anti-drilling and proud of it. Yesterday he told reporters he doesn’t want to see fracking anywhere in the state. That De Blasio–wow, what a deep thinker he is! Know where he gets his facts and information from about fracking? Watching movies like Gasland. Such intellectual heft. Such gravitas. The man is clearly smarter than any of the rest of us. Thank God he’s the new mayor.

    Of course, De Blasio apparently doesn’t realize that fracking (of conventional oil and gas wells) happens right now in New York State and has been for over 40 years. But hey, let’s not let something like the truth get in the way of spinning a good fiction for the hoi polloi–us ordinary folks. We’re just so in awe of self righteous jerks intellectual leaders like De Blasio, we simply feel unworthy to be in His presence…
    Read More “New NYC Mayor Comes Out Against Fracking Anywhere in NY”

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    Northeast Propane Shortage – Andrew Cuomo Partially to Blame

    Propane is one of the natural gas liquids (NGLs) that comes out of the ground along with methane (natural gas) in places like southwest PA and eastern OH–otherwise known as “wet gas” areas of the Marcellus and Utica Shale region. There’s been a number of stories recently in the national media about supply shortages of propane. The Pennsylvania Propane Gas Association issued a press release yesterday addressing those concerns–to layout the reasons why propane is in short supply and why prices for it have jumped.

    When you read beyond the headlines, you’ll find there’s a pretty simple reason why propane prices have skyrocketed in the northeast and New England–it’s because of New York’s anti-fracking governor Andrew “the ditherer” Cuomo. He’s not only dithering about whether or not to allow fracking, he’s also dithering on whether or not to approve a new propane underground storage facility near Seneca Lake–what the industry terms a “critical” need to relieve propane supply issues in this part of the country. Here’s a good rundown on the current propane supply issues plaguing the U.S., including Cuomo’s hand in it…
    Read More “Northeast Propane Shortage – Andrew Cuomo Partially to Blame”

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    Fracking Justice Denied NY Landowners Yet Again Thanks to NY AG

    justice delayed is justice deniedA 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”

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    NY Judge Tosses Out Sidney Moratorium Law for Procedural Issues

    sort-of-smile faceIt 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”

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    Binghamton’s New Mayor Fesses Up to Withdrawing Moratorium Appeal

    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”