EXCLUSIVE: Lawsuit Challenges New York’s Fracking Ban by Todd Halliday, July 8, 2015, wham1180
East Rochester, NY — An East Rochester lawyer who owns land in the Southern Tier is waging what appears to be the first lawsuit challenging the state’s new ban on hydraulic fracturing.
In court papers obtained by NewsRadio WHAM 1180, David Morabito claims that “arbitrary or capricious” actions by state officials were behind the January denial of a high volume fracking permit that he had sought for his property in Allegany County.
The state has since formalized a ban. He claims the state’s own studies showed hydraulic fracturing is an acceptable way to extract natural gas. And he wants the court to set aside the refusal of the permit.
The state wants his case moved from Allegany to Albany county. Morabito is fighting that change of venue.
Morabito tells NewsRadio WHAM 1180 he hopes other landowners join his fight. He says he was dismayed and disgusted that large law firms representing landowner interests have done nothing. [Emphasis added]