Periconi, LLC

June 2012 Archives

"Fracking NY" Blog Series: Update - Decisions Upholding Zoning Bans on Fracking in NY Appealed

Previously in our "Fracking NY" Blog Series, we summarized the two recent New York Supreme Court cases - Anschutz Exploration Corp. v. Town of Dryden, 940 N.Y.S.2d 458 (Sup. Ct. Tompkins Co. Feb. 21, 2012) and Cooperstown Holstein Corp. v. Town of Middlefield, 2012 N.Y. Misc. LEXIS 1420 (Sup. Ct. Otsego Co. Feb. 24, 2012), which both upheld local municipalities' authority to ban oil and gas operations (as a round-about way of banning the controversial high-volume hydraulic fracturing, or "fracking," operations specifically) - as being not preempted by the State Oil and Gas Act ("OGSML"). To read about those cases, please click here and here. As we expected, both of those cases were appealed to the Supreme Court of New York, Appellate Division, Third Department.

"Fracking NY" Blog Series: Update - Federal Regulations

Since our last post regarding the current federal regulations of high-volume hydraulic fracturing (i.e., "fracking") for extraction of natural gas from shale, there have been several developments on the federal level.

Court Holds Citizens Cannot Sue for Violations of Section 404 Permits under Clean Water Act

The Fifth Circuit Court of Appeals held that the Clean Water Act does not allow citizen suits to enforce the conditions of a § 404 Permit. See Atchafalaya Basinkeeper v. Chustz, No. 11-30471 (5th Cir. Apr. 25, 2012).

New York City Approves "Zone Green" Amendments to the City Zoning Resolution

On May 1, 2012, the New York City Council unanimously approved changes to the New York City Zoning Resolution that will encourage green construction for new buildings and green retrofits for existing buildings, among other environmentally-sound innovations. These "Zone Green" amendments are complementary to Mayor Bloomberg's PlaNYC program, the goal of which is to make the City "greener and greater."

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