Dear Friends, Coalition Leaders, Landowners, and Natural Gas Supporters,
I am pleased to report that we have completed the complaint against New York for its failure to issue the SGEIS governing high volume hydraulic fracturing. The complaint can be viewed below.
Our legal team has spent over 300 hours preparing the complaint. Their work included interviewing over a hundred potential plaintiffs, reviewing well permits and applications, researching legal theories, describing the half decade history of the State’s inaction, collecting supporting evidence and consulting with national experts.
The complaint contains several legal theories giving landowners the best opportunity for success. Takings claims are brought under the 5th Amendment of the U.S. Constitution and Article 1, § 7 of the New York State Constitution. In addition, the complaint alleges that the State has imposed an illegal moratorium, has failed to comply with the provisions of SEQRA, has deprived landowners of rights with relief requested under 42 USC § 1983 and has violated substantive and procedural due process under the 14th Amendment. The complaint also seeks to compel the State to complete the SGEIS in a declaratory judgment action and Article 78 mandamus proceeding.
Once discovery begins in the litigation process, we are certain that we will reveal what we all know – that the state has deliberately delayed the SGEIS.
This is one of the most important endeavors ever undertaken by the JLCNY. Support from all natural gas supporters will be crucial. Fund raising is still ongoing. Donations can be made payable to “Landowner Defense Fund” and mailed to:
The JLCNY is a 501(c)(6) non profit corporation. Contributions or gifts to the Landowner Defense Fund through the JLCNY are not tax deductible as charitable contributions.