Giving a new meaning to ‘fracking chicken hawks,’ who threatened to sue towns, sue the state, sue the Governor, sue the DEC, harass individuals, frack with propane, secede from the state and have just generally made nuisances of themselves over fracking in New York for the last 10 years or so.
Time has officially run out on any legal challenges to New York’ frack ban. After years of fracking hype, the oil and gas industry has left New York with nothing but a lot of hot air.
I don’t suppose they plan to secede now either, huh ? Think that was just a fracking crock too ? Like that napalm clusterfrack.
ALBANY — The oil-and-gas industry will let a key deadline pass without challenging New York’s ban on large-scale hydraulic fracturing.
API New York, the state chapter of the American Petroleum Institute, will not file what’s known as an Article 78 challenge against the state’s fracking ban, according to executive director Karen Moreau.Tuesday was the deadline to file an Article 78 claim, a legal process used to challenge an official state action or determination.
Instead, Moreau said the trade organization — which has long been assessing its legal options related to the ban — is weighing other potential legal remedies. And the group is “closely watching” a challenge to the ban filed earlier this year by East Rochester-based attorney David Morabito, on his own behalf, representing himself.
Just foolin’ ’bout frackin’
“We are not going to be filing any Article 78 proceedings,” Moreau said. “We are still considering other options.” Like running more TV Gas Blonde Ads.
The decision not to file ahead of the deadline shines a greater spotlight on Morabito’s lawsuit, which was first filed in May — after Gov. Andrew Cuomo’s administration announced its intention to ban high-volume fracking, but before it issued the document making it official.
Supporters of fracking — a technique using water, sand and chemicals to help unlock natural gas — have derided the Cuomo administration’s ban, which they say has blocked potential development in the Southern Tier. Fracking critics have widely praised Cuomo, pointing to drilling’s potential impact to the environment and human health.
The lawsuit from Morabito, who owns land in Allegany and Monroe counties, seeks to force the state Department of Environmental Conservation to allow high-volume fracking on his property. It is based largely on a January letter from a DEC official informing him the state’s ban applies to his property.
He argues that the state’s research, detailed in part in a health report released last December, doesn’t justify the ban.
Late last month, the state Attorney General’s Office filed a motion trying to dismiss the case, arguing that Morabito doesn’t have standing to challenge it. The state also claims Morabito didn’t exhaust his options prior to filing a lawsuit, largely because he never formally filed a permit application. Morabito’s lawsuit
Morabito, who will file his response to the state this week, said he wasn’t surprised other fracking supporters didn’t file an Article 78 challenge, in part because of the expense. He’s representing himself in the case.
Proving that he has a fracking fool for a client.
http://www.pressconnects.com/story/news/local/new-york/2015/10/27/fracking-deadline-passes-without-lawsuit/74705154/
Local Frack Bans and Moratoriums
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GIRL FALLS DOWN WELL! A spokesperson for the victimized fracking industry informed us that little Polly Phelps has “a history of ‘falling’ down wells,” and, once again, is being rescued by brave volunteers at company expense. Luckily, the well was very shallow, barely ten miles deep, and her fall was softened by the foamy cushion of one trillion gallons of organic food-grade safe-drilling lemon-flavored sulfuric acid. The only way Polly wouldn’t survive such a harmless adventure is if Leftists undermined her God-given rugged individualism! This Commie threat is real, folks, so, [sniff] let us pray, for little Polly’s sake, that she loves the Free Market. Amen.
Donate lifesaving Bitcoins to The Polly Fund!
c/o THE TEEHEE PARTY!