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.