Why?Because, says JLCNY attorney Scott Kurkoski, "We've been denied all economic benefit to our property."
At issue is the delay of promulgating fracking regulations because, well, the Commissioner of Health is still working on a health study to determine whether - and how - highly industrialized unconventional drilling requiring high-volume horizontal hydraulic fracturing affects the public health. And the governor is waiting for him to complete the study before he decides whether or not to permit fracking.
This doesn't faze the JLCNY because.... well, because apparently economic gain trumps health. The idea that the state might want to ensure that public health is not endangered is, to the JLCNY, a "takings". The fact that gas may not even be worth extracting doesn't seem to enter this equation.
Ensuring the health of the public now and for future generations apparently doesn't enter the equation either. Because, says JLCNY president Dan Fitzimmons, the "futures of our children, our communities and everything..." will be taken away if gas drilling isn't allowed.
Ironically, gas drilling IS allowed in NY. It's just one kind of gas drilling that isn't - and, by god, that's the kind JLCNY wants or it will sue. All they're lacking are the plaintiffs.
Meanwhile, other landowners who would prefer to breathe clean air, drink pure water, provide healthy pasture and forage for livestock, and grow nutritious food, wonder if drilling on their neighbor's land might not deny them "all economic benefit" to their property.
