New York releases final fracking review, plans ban

Gannett News Service:

The state Department of Environmental Conservation released a final version of the roughly 2,000-page document, known as the Supplemental Generic Environmental Impact Statement or SGEIS, just after 4 p.m.

Now, DEC Commissioner Joseph Martens must wait at least 10 days before issuing a legally binding "findings statement," which he has said will formally put the state's fracking ban into place.

The complete report can be found here.

New York's high court says towns and villages can ban fracking

In a long-awaited decision, the New York State Court of Appeals has upheld the right of towns and villages in the State to ban natural gas drilling, sometimes referred to as "fracking."

Environmental groups are hailing the decision. Others warn that the bans may hurt job growth.

The complete decision is here.

Legal links of Interest for the week ending October 5, 2012

A number of stories about the law and lawyers in the news this week:

Judge rejects birth mother & gives custody to partner: A Family Court judge has awarded full custody of a young child to her adopted mother, instead of her biological mom, in what is believed to be the first such New York state case involving a same sex couple. 

 Judge Rejects Binghamton’s Fracking Ban: Justice Lebous ruled that the city had failed to show that the moratorium was needed because the state has not decided whether to allow fracking. 

 Attorney General Too late for Prosecution in Securities Meltdown: While New York Attorney General Eric Schneiderman alleges massive fraud in mortgage-backed securities in a lawsuit filed this week, he’s not criminally prosecuting anyone. 

Mootness Dooms Suit Against County Attorney: A civil action accusing Madison County's part-time county attorney of self-dealing has been dismissed because the attorney has paid back some of the money and there is little likelihood the situation will arise again.
Cornell Law School Aids Undocumented Students: Cornell Law School professors and students worked to assist undocumented youth applying for deferred action — a status that, if granted, may allow thousands of undocumented immigrants living in upstate New York to temporarily be protected from deportation.

 Knox Supreme Court Decision Strengthens Worker Rights: the Court ruled 7–2 in the plaintiffs’ favor, striking down the SEIU’s fundraising scheme and reaffirming the rights of public-sector employees to refrain from supporting union politics [and] Justice Samuel Alito authored an expansive five-member opinion that raises the possibility that the Court could require unions to receive affirmative consent from nonmember employees before spending their money on politics at some point in the future.

 

 

Ovid Attorney Steven Getman Requested to Draft Fracking Moratorium

Ovid Gazette:

[Ovid Town Supervisor] Prouty opened the floor for discussion of hydro-fracking....

Discussion moved to the topic of a moratorium amongst the town board members. To the surprise and praise of the remaining members of the audience, a motion was made and approved to ask the town attorney (Steven Getman) to prepare a draft document for presentation at the July meeting...

Content that the Town of Ovid board was researching the possibility of applying for a hydro-fracking moratorium while they continued to get their ducks in a row, the public left quietly with smiles on their faces. The meeting adjourned at 8:05 p.m.

The next meeting of the Ovid Town Board will be July 11, 2012, at 7 p.m.

Energy Company To Allow Upstate New York Landowners To Renegotiate Natural Gas Leases

Following an investigation by New York State, Chesapeake Appalachia, L.L.C. will allow over 4,400 landowners who were locked into potentially unfavorable natural gas leases the opportunity to renegotiate with the energy company.

Chesapeake is does business in upstate New York for natural gas exploration and extraction from lands in the area.

As part of the June 14 agreement, Chesapeake has agreed that landowners with leases that were extended because of the Department of Environmental Conservation's (DEC) environmental review into high-volume hydraulic fracturing, or "fracking," have the right to negotiate leases with other gas companies for more favorable terms.

The agreement includes leases that have expired or will expire prior to December 31, 2013.

Chesapeake had tried to extend the leases in 2009, claiming the state’s environmental review on shale gas development constituted an uncontrollable event that allows for a lease extension if an “act of god” or unforeseen circumstance prevents drilling.

The June 14 agreement allows landowners, who were under Chesapeake's force majeure contract claims, to be released.

In addition to the state’s review, a number of local communities in New York State have adopted moratoriums, temporarily prohibiting the practice in their towns, until a full environmental or zoning review is completed.

Supporters of fracking see the potential for energy independence, new jobs and potential income for landowners. Opponents fear the process could cause environmental catastrophe.

Chesapeake admitted no wrongdoing as part of the settlement.