Statement By AG Schneiderman On NY Supreme Court Decision Dismissing Challenges To State Review Of Hydrofracking

NEW YORK – Attorney General Eric T. Schneiderman today issued the following statement on two decisions by New York State Supreme Court Justice Roger McDonough dismissing two lawsuits seeking to force the New York State Department of Environmental Conservation to terminate its ongoing review of the environmental impacts related to high-volume hydrofracking:

“The court’s decision to allow the state review of hydrofracking risks to continue is an important victory in our effort to ensure all New Yorkers have safe water to drink and a clean, healthy environment. New Yorkers are rightly concerned about studies showing the environmental risks associated with hydrofracking. We should not allow hydrofracking to begin in New York until the Department of Health completes its analysis of its impact on public health. Given the risks of contamination to wells and the aquifer that supplies drinking water to many New Yorkers, we need to make sure we can safeguard our water before we move forward.”   

Last year, the trustee of the bankrupt gas development company Norse Energy and the Joint Landowners Coalition of New York brought suit in New York State Supreme Court in Albany County against the New York State Department of Environmental Conservation (DEC), the New York State Department of Health (DOH), and Governor Cuomo.  Both suits asked the Court to compel the DEC to terminate its environmental review of hydrofracking.  

Attorney General Schneiderman’s office represented the State defendants in the cases, asking the Court to dismiss the lawsuits.  In his ruling, Supreme Court Justice McDonough dismissed the two suits in their entirety.

This matter was handled by Assistant Attorneys General Morgan Costello and Stephen Nagle of the Attorney General’s Environmental Protection Bureau. The Environmental Protection Bureau is led by Bureau Chief Lemuel Srolovic and Deputy Bureau Chief Lisa Burianek.   

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