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Month: March 2013

Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear

On March 7, 2013, the New York State Assembly passed legislation to extend the moratorium in place on high pressure horizontal hydraulic fracturing - hydrofracking or fracking - of shale that has been in place since 2008. Though the bill, Assembly Bill 5424-A, passed...

Destruction of Oil Spill Investigation Data Ruled Not Sufficiently Prejudicial to Warrant the Dismissal of a Cost Recovery Action Under Navigation Law § 12

Does the destruction of plaintiff's technical data supporting disclosed oil spill investigation reports get a defendant off the hook? Apparently not, decided the Appellate Division (Third Dept.) in a November 2012 decision, rejecting a defense motion to reverse a...

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