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ARTICLE · 18 DECEMBER 2014

Is Anyone Surprised? New York Bans Fracking

Fox Rothschild LLP
Fox Rothschild LLP
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As most observers expected, New York Governor Cuomo’s administration announced today that it would extend the ban on hydraulic fracturing in the state.

United StatesEnergy and Natural Resources

As most observers expected, New York Governor Cuomo's administration announced today that it would extend the ban on hydraulic fracturing in the state.  It is reported that the Governor's administration concluded that in announcing the ban, the state Health Commissioner stated that there wasn't enough data to show that fracking is safe.

One has to squint pretty hard to see any indication that the Governor or his administration conducted and fair and impartial analysis.  Six years of "study" since the enactment of the moratorium on high-volume fracking in the state has made that pretty clear.

More concerning is the purported standard – that fracking hadn't been proven to be safe.  Simply put, that is an evidentiary hurdle that can't be met.  I sincerely hope that other politicians do not engage in the same subterfuge of impartiality as Governor Cuomo. 

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