New York Formally Bans High-Volume Hydraulic Fracturing to Develop Marcellus Shale

On June 29, 2015, the New York State Department of Environmental Conservation issued its Findings Statement which officially prohibits high-volume hydraulic fracturing to develop natural gas resources in the Marcellus Shale.  The issuance of the Findi(…)

New York Issues Final Environmental Review on High-Volume Hydraulic Fracturing

On May 13, 2015, the New York State Department of Environmental Conservation (NYSDEC) released its Final Supplemental Generic Environmental Impact Statement (SGEIS) on the Oil, Gas and Solution Mining Regulatory Program, signaling the completion of it(…)

Constitution Pipeline Can Be Built Across Holdout Properties reports that the U.S. District Court for the Middle District of Pennsylvania recently ruled that the Constitution Pipeline can be built across seven northeastern Pennsylvania properties despite the fact that the respective landowners had n(…)

New York Lifts 40-Year Ban on New Liquefied Natural Gas Facilities

This week the New York State Department of Environmental Conservation adopted regulations establishing a permitting program for the siting, construction and operation of liquefied natural gas (LNG) facilities in New York State.  The New York Legislatu(…)

Congressman Introduces Bill to Allow Landowners to Sue New York Over Hydraulic Fracturing Ban

U.S. Representative Tom Reed (R-NY) recently introduced into Congress the Defense of Property Rights Act (H.R. 510), which would allow landowners affected by New York’s hydraulic fracturing ban to sue the government over agency action that “unreasonab(…)

New York Will Prohibit Hydraulic Fracturing for Shale Gas Development

On December 17, 2014, New York Governor Andrew Cuomo’s administration said it would ban hydraulic fracturing for shale gas development throughout the state.   Dr. Howard Zucker, the Acting Commissioner of Health, announced that the state Department of(…)

FERC Approves Interstate Pipeline from Pennsylvania to New York and New England

StateImpact, a reporting collaboration supported by NPR, that the Federal Energy Regulatory Commission has approved a proposed interstate pipeline that would transport Marcellus Shale natural gas from Pennsylvania to New York and New England markets. (…)

New York Court Declines to Re-Hear Land Use Case as Governor Anticipates Health Report by End of 2014

On October 16, 2014, the New York Court of Appeals denied a request by the bankruptcy trustee for Norse Energy to re-hear arguments in the landmark case affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activ(…)

New York Governor Signs Climate Change Preparedness Bill

On September 22, 2014, New York Governor Andrew Cuomo signed into law the “Community Risk and Resiliency Act”, which amends several provisions of the Environmental Conservation Law (ECL) to incorporate consideration of potential climate change impacts(…)

New York High Court Asked to Re-hear Arguments in Case Banning Oil and Gas Activities

Citing a recently decided case in Colorado, the bankruptcy trustee for Norse Energy filed a motion in early August urging the New York Court of Appeals to re-hear arguments in the case.  In June, the Court of Appeals issued an opinion which affirmed l(…)

New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement

On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to the State Environmental Quality Revie(…)

New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities

Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders.   Specifically, the Court ruled that there was nothing within the plain(…)

New York Assembly Passes Three-Year Fracking Moratorium; Bill Now Moves to Senate

New York Assembly Speaker Sheldon Silver announced that the Assembly passed a bill on June 16, 2014, that would impose a moratorium on hydraulic fracturing for a period of three years.  The legislation, which passed by a vote of 96 to 37, calls for th(…)

New York’s Highest Court Hears Oral Arguments on Local Bans

Yesterday the New York Court of Appeals heard oral arguments in two cases challenging the authority of a municipality to ban certain oil and gas activities within its jurisdiction.  The Court is reviewing two lower court decisions from May 2013 which(…)

New York Attorney General Seeks Dismissal of Lawsuits

The New York Attorney General’s office has filed motions to dismiss two lawsuits that seek to force Governor Cuomo to end a delay in deciding the future of shale drilling within the State.  The two lawsuits, filed separately by a group of landowners a(…)

Draft New York State Energy Plan Does Not Include Marcellus Shale Drilling

The New York State Energy Planning Board released its Draft 2014 State Energy Plan on January 7, 2014.  Although one of the draft plan’s key initiatives includes expanding access to natural gas as an alternative to petroleum products for heating and p(…)

New York’s Health Review of Hydraulic Fracturing Will Remain Outside the Public Eye; Still No Timetable for Completion

New York State Department of Health Commissioner Nirav Shah announced earlier this week that his public health review of hydraulic fracturing will continue in private until it is complete.  Despite facing harsh criticism for a lack of transparency in(…)

New York’s Proposal to Lift Ban on LNG Storage Facilities Stirs Debate

Environmental groups and industry organizations are at an impasse over regulations proposed by the New York State Department of Environmental Conservation (DEC) that would lift the state’s 40-year ban on the construction and operation of liquefied nat(…)

New York Landowners Announce Intent to Sue Governor and State Over Drilling Delay

On November 12, 2013, the Joint Landowners Coalition of New York announced that it has finalized a complaint which the group intends to file in New York state court over the delay in deciding the future of shale drilling in the State.  The complaint,(…)

New York’s Highest Court Sets Briefing Schedule in Local Gas Drilling Ban Cases

The New York Court of Appeals on September 30, 2013 set a schedule for the parties to file briefs in two cases that will likely have a substantial impact on the future of hydraulic fracturing in the state.  In August of this year, the Court of Appeals(…)

Environmental Group Sues New York Department of Health to Obtain Hydraulic Fracturing Review Documents

An environmental advocacy group reportedly filed a lawsuit against the New York Department of Health on September 13, 2013, seeking to force the release of documents related to the agency’s public health review of hydraulic fracturing.  The Seneca Lak(…)

Companies End Fight to Extend New York Leases

Chesapeake Energy Corp. and lease partner StatoilHydro have reportedly agreed to end a two-year legal battle to extend 200 natural gas drilling leases covering approximately 13,000 acres in southern New York, near the Pennsylvania border.  In a settle(…)

New York DEC Official: Still No Timetable on Hydraulic Fracturing Decision

On September 6, 2013, the New York State Department of Environmental Conservation’s Deputy Commissioner for Administration told a legislative committee there is no timeframe for a decision on whether to lift a state moratorium on hydraulic fracturing.(…)

New York’s Highest Court to Review Decisions Upholding Local Gas Drilling Bans

On August 29, 2013, the New York Court of Appeals announced that it has granted appeals to review two cases which upheld local natural gas drilling bans in the upstate towns of Dryden and Middlefield.  The lower court decisions, both of which were iss(…)

New York Governor: Economic Benefits of Shale Gas "Obvious," But Questions Remain

New York Governor Andrew Cuomo reportedly stated in a radio interview on August 19, 2013 that although the economic benefits of shale gas drilling are “obvious,” the question of whether such benefits outweigh potential environmental and public health(…)

New York Governor: Hydrofracking Alone Not Answer for Upstate Economy

During a recent radio interview, New York Governor Andrew Cuomo said that additional initiatives beyond hydrofracking, including reducing taxes and increasing tourism and manufacturing, will be required to improve the economy of Upstate New York.  “If(…)

Five-Year Anniversary of New York’s Hydraulic Fracturing Moratorium

New York’s moratorium on hydraulic fracturing has entered its sixth year.  On July 23, 2008, former Governor David Paterson directed the New York State Department of Environmental Conservation (DEC) to conduct an environmental review of high-volume hy(…)

New York Natural Gas Production Dipped by 15 Percent in 2012

On July 1, 2013 the New York State Department of Environmental Conservation (DEC) released its annual oil and natural gas production data for 2012.  While oil production in New York increased by 1%, the 2012 reported total gas production of 26.424 bil(…)

New York County Legislators Target Fracking Ban

Democrats in the Monroe County Legislature are seeking to permanently ban fracking on county-owned land.  If they succeed, Monroe County would join 13 other counties in New York that have enacted similar fracking bans on county land.  However, the Dem(…)

Constitution Pipeline Seeks FERC Approval for PA to NY Transmission Line

On June 13, 2013, Constitution Pipeline Company, LLC filed an application with the Federal Energy Regulatory Commission to construct a 122-mile interstate transmission line from Susquehanna County, Pennsylvania, to Schoharie County, New York.  The lin(…)

New York’s Highest Court Asked to Review Cases Upholding Local Bans on Gas Drilling

Lawyers for parties challenging local gas drilling bans enacted in two upstate towns filed briefs on May 31, 2013 asking the New York Court of Appeals to review recent intermediate appellate court decisions.  Permission to review the decisions is requ(…)

New York Governor Says Decision on Hydraulic Fracturing Moratorium Will Come Before 2014 Election

New York Governor Andrew Cuomo recently stated that he would make a decision on whether to lift the state moratorium on hydraulic fracturing before the 2014 election.  Cuomo said that the results of a review of potential health effects from hydraulic(…)

New York Town Extends Natural Gas Drilling Moratorium

On May 20, 2013, the Town of Canandaigua, New York, adopted a local law to extend by nine months a moratorium on all natural gas exploration and extraction activities within the town.  The new local law extends the initial 18-month moratorium passed b(…)

Millennium Proposes New Upstate Pipeline for New York

According to recent press reports, Millennium Pipeline Company, L.L.C., plans to submit an application to the Federal Energy Regulatory Commission to build a new 60-mile natural gas pipeline in New York to transport gas from the Marcellus Shale.  The(…)

Gas Storage Proposal in New York’s Finger Lake Region Sparks Controversy

An energy company’s proposal to expand its use caverns left behind from a century of salt mining in New York’s Finger Lakes Region for the storage of natural gas has drawn the ire of several community members that oppose the plans.  The company would(…)

New York Appeals Court Upholds Municipal Bans On Natural Gas Drilling

In two decisions issued on May 2, 2013, a New York State intermediate appellate court held that the New York Oil, Gas, and Solution Mining Law (“OGSML”) does not preempt a municipality’s authority to enact a zoning ordinance to prohibit natural gas dr(…)

"No Timetable" for Fracking Decision in New York

New York State officials said on May 1, 2013 that there is “no timetable on a decision” to lift the state moratorium on hydraulic fracturing.  The Commissioner of the New York Department of Health said that new information obtained during a recent mee(…)

Environmental Groups Drop Free Speech Lawsuit Against New York Town

Environmental groups recently announced that they are dropping a First Amendment lawsuit filed against the Town of Sanford, New York, because earlier this month the town repealed a September 2012 resolution that banned the public discussion of natural(…)

New York County Passes Fracking Moratorium on County-Owned Lands

On April 10, 2013, the Oneida County Board of Legislature reportedly approved a resolution that prohibits the extraction of shale gas on property owned by the county.  Oneida County is located in central New York to the east of Syracuse.  The resoluti(…)

Industry Group Requests New York Investigation of Anti-Fracking Celebrities

The Independent Oil & Gas Association of New York reportedly filed a formal complaint with New York’s Joint Commission on Public Ethics on March 26, 2013, requesting an investigation into whether the group known as “Artists Against Fracking” is vi(…)

Third Local Ban on Gas Drilling Upheld by New York Court

On March 15, 2013, the Town of Avon reportedly became the third upstate New York municipality to prevail in a court challenge of a local zoning ordinance banning gas drilling.  The trial court rejected the argument that New York’s Oil, Gas and Solutio(…)

New York Local Drilling Ban Cases Proceed to Appellate Review

A mid-level New York State appellate court recently heard oral arguments in reviewing two trial court decisions which upheld municipal zoning laws that ban oil and gas drilling within the upstate towns of Dryden and Middlefield.  The appeals focus on(…)

FERC Approves Two Dominion Pipeline Projects

On March 8, 2013, the Federal Energy Regulatory Commission (FERC) issued an order authorizing Dominion Transmission, Inc.’s requests to build two new pipeline projects in New York and Pennsylvania.  The two projects are the Tioga Area Expansion Projec(…)

New York Health Commissioner to Make Fracking Recommendation "In Weeks"

The State Journal reported earlier this week that New York Health Commissioner Nirav Shah plans to make a recommendation to Governor Andrew Cuomo “in weeks” on whether the state should approve hydraulic fracturing, despite reports that the Pennsylvani(…)

New York Assembly Votes to Extend Fracking Moratorium to 2015

The New York State Assembly recently passed legislation to extend the moratorium on high-volume hydraulic fracturing until May 2015, but the measure faces an uncertain future in the state Senate.  Supporters of the moratorium, which has been in place(…)

New York Landowners Seeking Plaintiffs for "Takings" Lawsuit Against State

This week the Joint Landowners Coalition of New York, Inc. (JLCNY) announced that they are seeking landowner plaintiffs for a lawsuit against New York State.  JLCNY announced in early February its plan to sue the state.  According to JLCNY, the lawsui(…)

New York Agency Misses Deadline for Proposed Fracking Regulations

The New York State Department of Environmental Conservation (DEC) missed a Wednesday, February 27th deadline to issue a final version of its proposed regulations for high-volume hydraulic fracturing, or fracking.  DEC Commissioner Joe Martens reported(…)

Free Speech Debate Ensues After New York Town Bans Discussion of Gas Drilling

On February 12, 2013, two environmental groups reportedly filed a lawsuit in federal district court against the Town of Sanford, New York, alleging that the town board unconstitutionally restricted free speech rights by passing a resolution that precl(…)

Fate of New York Fracking Rules Remains Uncertain Amidst Demands for Additional Public Comment

The fate of New York’s fracking moratorium remains uncertain.  According to the Huffington Post, if the rules proposed by the New York State Department of Environmental Conservation (DEC) are not finalized by February 27, 2013, the proposal will expir(…)

Cabot Oil and Gas Agrees to Make Disclosures Concerning Fracking Fluids

New York State Comptroller Thomas DiNapoli has announced that Cabot Oil and Gas Corporation has agreed to disclose its policies and procedures for reducing and eliminating toxic substances associated with its hydraulic fracturing fluids.  DiNapoli com(…)

New York State Court Denies Petition to Halt Spectra's NJ-NY Expansion Project

Bloomberg News is reporting that New York Supreme Court Judge Eileen A. Rakower has denied a petition to block Spectra Energy Corporation’s New Jersey-New York Expansion Project.  According to Bloomberg, Judge Rakower ruled that federal law precludes(…)

Comment Period on New York's Proposed Fracking Regulations Ends On Time

The 30-day public comment period for the New York Department of Environmental Conservation’s (DEC’s) proposed regulations regarding hydraulic fracturing activities ended on Friday, January 11, 2013.  The DEC rejected earlier calls to extend the commen(…)

Local Drilling Bans and Pending State Rules Expected to Limit Opportunities in New York

John Holko, president of Lenape Resources, recently filed suit against the New York State Department of Environmental Conservation and the town of Avon, NY (Livingston County), seeking $50 million in damages for lost business since the town enacted a(…)

Minard Run Oil Company Acquires Natural Gas Assets in New York

On January 3, 2013, Minard Run Oil Company (Minard Run), which is based in Bradford, Pennsylvania, announced that it has acquired more than 400 natural gas wells, 56,130 acres of oil and gas leasehold rights, and approximately 195 miles of field produ(…)

New York Health Department Analysis Concluded Fracking is Safe

The New York Times recently uncovered an eight-page New York Health Department analysis which concluded in early 2012 that fracking could be conducted in a safe manner in New York.  The analysis states, “the Department expects that human chemical expo(…)