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New York Landowners Circulate Draft Complaint Challenging New York Fracking Moratorium and Solicit Funds for the Effort

A coalition of landowners upset with New York’s continuing moratorium on fracking after a five plus year review have circulated a draft complaint suing the state.  The complaint alleges that the moratorium is arbitrary and capricious and a regulatory taking, among other claims.  With the circulated complaint comes a request for donations to fund the litigation effort.  We will have to see how the fundraising goes, but it certainly cuts back on the impact of a potential challenge when the litigants essentially admit that they do not have the funds to prosecute the challenge.  Historically, New York courts have not been a friendly venue for regulatory takings claims, but this and other claims contained in the draft complaint could portend a long drawn out battle over fracking in New York if adequate financing to prosecute the case can be raised.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume III, Number 319


About this Author

Steven Russo, Greenberg Traurig Law Firm, New York, Environmental and Real Estate Litigation Attorney

Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and the environmental aspects of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to environmental liability risk and due diligence,...