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More on That Fracking Lawsuit in New York

fracking success story

Tom Shepstone
Natural Gas NOW


Attorney David Morabito goes on radio to talk about his fracking lawsuit against the New York State DEC and makes a good case to the public.

A while back we reported here that Attorney David Morabito had filed a lawsuit against the Department of Environmental Conservation (DEC) challenging the state’s hydraulic fracturing ban, which prevents him from developing the natural gas on property he owns in Allegany County, New York. It’s the only such lawsuit filed in New York and Morabito recently went on Evan Dawson’s Connections NPR radio program on WXXI out of Rochester, New York, to talk about it. It’s worth listening to the whole thing (a little less than an hour in length).

Dawson, for a NPR guy, did a reasonably fair interview with Morabito (despite some obvious skepticism and naiveté) and it’s to his credit that he even had the attorney on to explain his position. Morabito, for his part, makes three very salient points:

  1. The majority of energy consumers know next to nothing about how their energy is produced and are, therefore, like himself before he dug in and learned, often dealing in m misinformation.
  2. The case against New York State is simply this; that the DEC was forced by political considerations coming from the top down to ignore its own considerable research and, in the end, make a decision that went directly against that research.
  3. The DEC by deciding against “high-volume hydraulic fracturing” and simultaneously raising the threshold volume of water used to define it, deprives landowners and industry of the best method of stimulating natural gas production with the least environmental impact.

Dave Morabito fracking lawsuitThis is a great interview to which to listen on this snowy day and I encourage all our New York State readers to do so. Attorney David Morabito is going it alone, sadly, but he has the moral support of many of us and we wish him Godspeed with his endeavor.

Morabito is a criminal attorney by training and, as a result, is approaching this fracking lawsuit with a different tact than has been the case with other challenges heretofore. He has no particular connections to either industry or landowner groups and his approach could just be the ticket to reversing a very bad decision with absolutely no foundation in science unless you want to count a bunch of biased studies produced and peer reviewed by fractivist outfits themselves.

Regardless of the outcome, David Morabito is performing an extraordinarily valuable service in getting the truth out.

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3 thoughts on “More on That Fracking Lawsuit in New York

  1. The interview was interesting. The announcement with the DEC and DOH in December 2014 was stunning. As this lawyer stated and in the clip provided of Zucker speaking, the words that actually came out of his mouth are still shocking. I think its telling that the announcement was such a suprise to so many people. Andrew Revkin of the nytimes if I remember correctly essentially disagreed immediately with the call that development could not occur safely with right regs.

  2. The Fraser Institute, a Canadian think tank wrote a white paper in 2014 MANAGING THE RISKS OF HYDROLIC FRACTURING and mentioned that NY STATE is blowing an opportunity to gain scientific empirical knowledge. That it is a conclusion eventually the State will have to permit HF and the sooner they start the more they willl learn.

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