Posts marked "Hydraulic Fracturing & Marcellus Shale"

On December 17, the Cuomo administration announced that it would ban high-volume hydraulic fracturing (“fracking”) in New York State. As previously discussed on our blog, New York has had a moratorium on fracking in place since 2008, when then-Governor David Paterson directed the New York State Department of Environmental Conservation (“DEC”) to update the 1992 … Read Post


Following the New York Court of Appeals’ decision allowing municipalities to ban hydraulic fracturing (“fracking”) operations within their borders, in recent weeks there have been three additional developments relating to fracking on a state and national level. On July 14, 2014, EPA extended the deadline for comments on a proposed rule governing disclosure of chemical … Read Post


On June 30, 2014, the New York Court of Appeals ruled that municipalities in New York State may use their zoning powers to restrict hydraulic fracturing (“fracking”), thus upholding fracking bans that had been enacted by the Towns of Dryden and Middlefield. The key issue on appeal was whether New York State’s Oil, Gas and … Read Post


The New York Court of Appeals recently set the date of June 3rd to hear arguments on whether towns in New York State may use local laws to ban or restrict hydraulic fracturing (“fracking”) operations within their boundaries. The primary issue to be decided is whether New York State’s Oil, Gas and Solution Mining Law … Read Post


On May 2, 2013, the Third Department of the New York State Supreme Court, Appellate Division, upheld a municipal zoning ordinance banning “all activities related to the exploration for, and the production or storage of, natural gas and petroleum,” in the case of Norse Energy Corporation USA v. Town of Dryden. The Town of Dryden … Read Post


On November 15, 2012, in Aukema v. Chesapeake Appalachia, a judge in the U.S. District Court for the Northern District of New York ruled that several leases to drill for gas in the Marcellus Shale had expired, despite the gas companies’ claim that the delay in permitting associated with  New York’s environmental review process constituted a … Read Post


Last week, the New York State Department of Environmental Conservation (“DEC”) finalized regulations requiring permits for surface water and groundwater withdrawals exceeding 100,000 gallons per day.  Previously, water withdrawals exceeding that threshold had to be reported to DEC, but permits were only required for drinking water suppliers. The new permitting regime is expected to cover … Read Post


*** Updated 11/30/12 with link to revised text of proposed hydrofracking rules *** This week, the New York State Department of Environmental Conservation (“DEC”) formally sought a 90-day extension of its rule making process for its proposed regulations governing the natural gas drilling technique of high-volume hydraulic fracturing (“hydrofracking” or “fracking”). The 90-day continuation includes a … Read Post


With towns, villages and other municipalities across New York facing major decisions about the potential for high-volume hydraulic fracturing (“hydrofracking” or “fracking”) in their communities, Sive, Paget & Riesel P.C. and the Government Law Center at Albany Law School recently co-sponsored an all-day conference on “Municipal Law and Planning: A Local Perspective on Hydrofracking.”  The September … Read Post


A Broome County judge this week invalidated the City of Binghamton’s local law that prohibited any land, body of water, building or other structure within the city to be used for new natural gas drilling exploration, extraction, or support activities. Binghamton’s ordinance, which was scheduled to expire on its own on December 31, 2013, was … Read Post