Statewide NY

In August MDN told you that New York’s highest court, the Court of Appeals, would hear the twin cases of Dryden and Middlefield (see BREAKING: NY Court of Appeals will Hear Dryden/Middlefield Case). There are two things that keep shale drilling away from New York right now: (1) Gov. Andrew Cuomo’s spineless inability to take a stand and do the right thing to allow it, and (2) the Dryden/Middlefield cases. MDN believes the court cases are the more important of the two. Cuomo will come around sooner or later–he has to. However, if the court says a majority vote from a local town board can ban fracking thereby denying property rights for landowners throughout an entire township–that’s the death knell for drilling in New York. No sizable driller will gamble with hundreds of millions in lease money to see a local town simply vote to shut it all down. Too risky. (For our analysis of the New York situation, see the post: Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision.)

So the Dryden/Middlefield cases are of supreme importance in the fight for property rights and to allow drilling for New York’s landowners. What’s the latest in those all-important cases? They’re moving along at the speed of a glacier–but at least we now have some dates to share…
Read More “NY Frack Ban Cases Make (Glacial) Progress, Some Dates to Share”

Two weeks ago MDN told you the encouraging news that the New York Court of Appeals (New York’s highest court) will hear the Dryden and Middlefield town ban cases (see Anti-Drillers Attempt a Brave Face with NY Appeals Court Decision). Anti-drillers, like former Gannett and Binghamton Press & Sun-Bulletin reporter Tom Wilbur, are understandably shaken by this turn of events. They believe they had won (using NY’s courts) where they couldn’t win (in the political arena and the arena of ideas)–so when the high court said “yes” to hearing the case, they took it as a bad omen. They continue to put on a brave face, but make no mistake–they’re scared.

What about the timing for a decision in these twin cases being heard together as a single case? Wilbur does a good job of tracking down just how long the appeal to the high court will take to run its full course…
Read More “How Long Before NY High Court Rules on Town Bans? An Answer…”

The Joint Landowners Coalition of New York (JLCNY) is ready to sue New York State on behalf of landowners for “takings”–the concept that the state has illegally stopped property owners from using their land and therefore must compensate them for it. The only thing the JLCNY needs now is money–and lots of it–to pay legal and research expenses. Once they have the cash, the lawsuit will go forward.

Dan Fitzsimmons, president of the JLCNY, sent an email yesterday with a “fact sheet” about the lawsuit (see it below). The fact sheet attempts to clear up lingering questions about the lawsuit–its purpose, the way it will go forward, and when it will go forward. Please take time to donate to the JLCNY’s legal fund (MDN is a proud contributor)…
Read More “JLCNY Fact Sheet on “Takings” Lawsuit – We Need More $$”