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New York Landowners Threaten to Sue New York Over Hydraulic Fracking

February 15th, 2013

According to an article in the San Francisco Chronicle, the Joint Landowners Coalition of New York has stated that it is taking the preliminary steps to initiate a lawsuit against the State of New York if regulators miss the February 27, 2013 deadline to complete new regulations for shale gas development. In the wake of growing environmental concerns, the state of New York placed a moratorium or temporary halt on gas drilling using horizontal drilling or high volume fracturing.

Hydraulic fracturing is the process in which a mixture of chemicals, sand, and water is shot into the ground at extremely high pressure, creating cracks or fissures in the earth’s through which trapped oil and gas can escape. According to the article, the coalition has stated to its members that the decision whether to release the regulations or let them expire is being made for purely political reasons.

The lawsuit would be based on a constitutional claim, alleging that the State of New York is violating the takings clause of the United States Constitution. The takings clause prohibits the government from taking property of citizens without just compensation.

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