Dear Friends and Natural Gas Supporters,
I am pleased to report that Norse Energy has filed its action
against New York State for its failure to issue the SGEIS governing
high volume hydraulic fracturing. Governor Cuomo, DEC Commissioner
Martens and DOH Commissioner Shah are named in the action. The
petition and two supporting documents can be viewed by opening the
three files attached below.
The Article 78 petition alleges that New York is bound by the
State Environmental Quality Review Act to promote the development
of its indigenous natural gas resources, protect the correlative
rights of landowners for the development of their mineral rights
and complete the SGEIS process in a timely and orderly manner. The
(1) Mandamus relief to compel finalization of the SGEIS;
(2) A determination that the referral to Dr. Shah is illegal
under the State Environmental Quality Review Act;
(3) An order of prohibition, prohibiting Governor Cuomo from
further delaying the process;
(4) A jury trial if New York State responds by offering excuses
for the delay; and
(5) Public review of all of the interagency communications,
including communications from and to the Executive Chamber,
concerning the SGEIS process.
The case is returnable on January 24, 2014, in Albany County
Supreme Court where a Judge will hear arguments on the merits and
decide whether a jury trial is required.
The JLCNY fully supports this action by Norse. This lawsuit will
serve as an important precursor to our takings action against the
It is unfortunate...