Fracking ban in New York State

As most of you are probably aware, our previous Governor signed legislation which prohibits fracking in NYS. Recently, several group filed suit against NYS in regards to more recent legislation banning the installation of natural gas appliances in newly constructed homes.
Here is a snippet from a recent news piece covering the lawsuit
“… a preexisting federal law, called the Energy Policy and Conservation Act (EPCA) of 1975, already regulates energy use policies. EPCA reflects Congress’s decision that the nation’s energy policy cannot be dictated by state and local governments," the lawsuit says. "Such a patchwork approach would be the antithesis of a national energy policy."
My question is… why couldn’t a group of NY landowners file a similar lawsuit against NYS for illegally regulating fracking?? NYS is definitely going against national policy (albeit maybe not Biden’s policy) by prohibiting fracking. I own 85 acres situated in prime Chautauqua County and I’m not allowed to drill for gas. If this isn’t a “taking” by the government without compensation, I don’t know what is.
Any attorneys out there interested in pursuing this pro-bono?
My contact info:
Bob@chautauquahydroseeding.com

Here is the news article.
https://www.foxbusiness.com/politics/new-york-gas-stove-ban-heats-u...

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Replies to This Discussion

Permalink Reply by Ralph cramdon on October 16, 2023 at 7:56am

I own four parcels of NY rights . Totally useless politicians , I know several of them on a first name basis . With ego's the size of Texas they are out for themselves and even the best of them slowly fall prey to power , influence and money . I for one will not spend another dime on Business ventures in NY State , future investments will be down South with a more welcoming environment .

Permalink Reply by paleface on October 16, 2023 at 4:26pm

Ralph PA. is getting like NY.

Permalink Reply by Ralph cramdon on October 16, 2023 at 9:12pm

Paleface , FLA residency is hopefully somewhere in our future .. Will retain NY properties , but prefer FL tax systems and winter weather as well 

Permalink Reply by Robert Lucas on October 16, 2023 at 5:05pm
Sad but true.
I believe the case law attached below has many similarities to NYS outlawing fracking (i.e. “taking”) without compensating landowners for the financial loss incurred by the loss of gas sales on their land.

1992
In Lucas v. South Carolina Coastal Council, the U.S. Supreme Court rules that a South Carolina environmental preservation law barring a property owner from building any houses on his beachfront land is a “taking” by the government requiring that “just compensation” be paid. The Court rules that it is not necessary for a property owner to be “ousted” altogether from the property to be entitled to “just compensation” from the government; a taking also results if the property owner is required to “sacrifice all economically beneficial uses” of it.

It’s time to stand up and turn this mess around. Please consider joining me and finding the right attorney to sue NYS for failure to compensate us for this taking.
Permalink Reply by Ralph cramdon on October 16, 2023 at 9:10pm

Thanks for the offer Robert .. Having spent way too much money on Lawyers in my Business career , I will take a pass on spending more . Current Lawyer on retainer gets $750 per hour and he tells me that's a discount .... 

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