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Lenape Resources Fights NY Gas Drilling Bans

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John Holko, president of natural gas drilling company Lenape Resources has told New York Department of Environmental Conservation Commissioner Joe Martin that natural gas drilling bans in Avon in Livingston County has forced him to shut down his wells in the area. The letter goes on to say that if state regulators don’t lift the drilling moratorium he will sue.

Holko says the moratorium in Avon and other municipalities violate a law established in 1981 which states that in the regulation of gas development, state laws override local ordinances. Lenape’s attorney said that the DEC has a “legal duty to carry out state law” which “includes informing local municipal governments that they don’t have the authority to regulate the oil and gas industry.”

However, an attorney who represents Earthjustice said that the statute “gives the agency discretion over enforcement.” Emily DeSantis, DEC spokesperson said “The scope of the pre-emption must be left to the courts.”

Lenape says that if the DEC does take not take action against Avon, Lenape will file a lawsuit and name the DEC as a party, the Associated Press reports.

 

 

breakinglawsuitnews.com disclaimer: This article: Lenape Resources Fights NY Gas Drilling Bans was posted on Wednesday, August 1st, 2012 at 8:16 pm at breakinglawsuitnews.com and is filed under Uncategorized.

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