New York Federal Court Rejects Landowner’s Claimed Right to Drill, But Will Challenges Continue?

A federal court in New York recently dismissed a landowner’s claim that the state’s ban on hydraulic fracturing violated the takings clause of the Fifth Amendment and due process rights. In Morabito v. The State of New York, et. al., the plaintiffs filed a complaint in the Western District of New York, asserting that the state’s decision to prohibit high-volume fracking activities constituted a regulatory taking and/or arbitrary and irrational restriction on plaintiff’s property rights. The plaintiffs, who are farmers, own various properties in western New York atop
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Landmark Ruling: Trespass Claims Against Fracking Companies Proceed as Pennsylvania Recognizes Property Rights to Natural Gas

Recently, the Pennsylvania Superior Court — PA’s appellate court — published its opinion in Briggs v. Southwestern Energy Production, potentially altering the landscape of hydraulic fracturing litigation in Pennsylvania. The intermediary appellate court’s decision centered on the interpretation of Pennsylvania’s rule of capture, which allows companies to drain a natural resource, including oil, gas, or water, from beneath property they do not own so long as they do not trespass on the surface level of the land. In its ruling, the Superior Court noted that the rule
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Calls for Stronger Ban of Fracking Wastewater at Delaware River Basin Commission Hearings

As a follow up to our recent December post, public hearings were held in Pennsylvania last month on the Delaware River Basin Commission’s 2017 resolution that could lead to a permanent ban on hydraulic fracturing in the Delaware River watershed — a region that includes 24 counties in portions of New York, New Jersey, Pennsylvania, and Delaware. Currently, there’s a moratorium in place that has halted fracking activities in the Basin since 2010. Some property owners in the affected region
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Shale Watch Alert — Delaware River Basin Commission Moves Toward Hydraulic Fracturing Ban

While the Trump administration has ushered in an era of deregulation on the environmental front, including proposals to repeal Obama-era standards governing hydraulic fracturing on government land, the Delaware River Basin Commission (the Commission) recently made headway in the other direction. On November 30, 2017, the Commission approved a resolution that could lead to a ban on hydraulic fracturing in the Delaware River watershed —a region that includes 24 counties in portions of New York, New Jersey, Pennsylvania, and Delaware.
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The Delaware River Basin Commission Moves Toward Fracking Ban

While the Trump administration has ushered in an era of deregulation on the environmental front, including proposals to repeal Obama era standards governing hydraulic fracturing on government land, the Delaware River Basin Commission (the DRBC) recently made headway in the other direction. On November 30, 2017, the DRBC approved a resolution that could lead to a ban on hydraulic fracturing in the Delaware River watershed, a region that includes 24 counties in portions of New York, New Jersey, Pennsylvania, and
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