Read this post about how some New York landowners group that wants to get fracked have hired a “takings expert” to help them sue the State of New York for allegedly “taking” their right to frack themselves – while the state dSGEIS review puts a moratorium on HVHF permits.
Catch is they did not hire a “regulatory takings” expert. They hired an eminent domain condemnations expert. Which is not the same as a regulatory takings expert. . .
Meaning they went looking for a plumber and came back with an electrician. Maybe because a real “takings expert” won’t take the case. Because there is no case, no plaintiff, no precedents, and no constitutional law to support their allegations. Just some lawyers – doing some “taking” of their own. For a fracking publicity stunt.
Landowners hire takings expert for fracking suit
A statewide group of pro-fracking landowners has hired an expert in takings claims and eminent domain to represent them in an expected lawsuit against New York.
Robinson & Cole LLP will help represent the Joint Landowners Coalition of New York as it puts together a suit against the state, which will, among other things, claim New York has illegally taken their oil-and-gas rights by not yet allowing large-scale hydraulic fracturing.
One of the firm’s attorneys, Joseph Clasen, successfully represented Long Island-based Gyrodyne Co. of America last year in an eminent domain case, in which the state was forced to pay the company $167.5 million when it undervalued land that was condemned for Stony Brook University (In a straight legal condemnation, not a regulatory takings – JLN.
“The initial draft of the complaint has been prepared by our attorneys and will soon be reviewed by our full legal team,” JLCNY President Dan Fitzsimmons wrote in a newsletter late last month. “We have several plaintiff candidates who would be appropriate for the action. We will begin contacting plaintiff candidates when we get closer to our funding goals.”
None of the lawyers involved in this publicity stunt have any expertise in regulatory takings.
Checked out Robinson & Cole and their partner Joseph Clasen in a basic Lexis search for takings cases. Clasen did not come up in any takings cases.
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