Friday, September 16, 2011

Info about the Ban Lawsuits....

For those people following the local bans, and the lawsuits,
here is some information for you.
I think this is interesting reading!

(PS: if you are not a lawyer you may want to pickup a copy
of Barron's Law Dictionary by Stephen Gifis
-- invaluable resource! best law dictionary out there :)
(Big thanks to for posting the complaints!)

  • Both the Dryden and Middlefield Laws explicitly call out the oil and gas industry as prohibited land use.
  • Both laws are grounded in general municipal powers to zone
    Dryden Law also general police powers to protect health and safety.
  • In the Dryden lawsuit, the attorneys state the plaintiff Anshutz has "no remedy at law", and seeks an Article 78 proceeding to have the law ruled null and void.
  • In the Middlefield suit, the attorneys are seeking a declarative judgment that the law preempted on ECL 23-0303 and nullified.

As pointed out by Chip Northrup, this is strange timing for a lawsuit.

Generally for a lawsuit there must be a case in controversy,
which means someone must have a claim, and legal standing.

This means someone must have suffered some injury,
some right violated in fact.

But with the SGEIS still in the works,
how can either of those suits have standing?

The only time I've seen an injunction in a case like this
is in a prior-restraint type action,
due to a clear and present danger.

They are seeking a mandamus action
before there is any real injury!

Any defense lawyer in the country
is going to immediately file a motion to dismiss,
and any legitimate court in the nation
would send these plaintiffs running
with their tail between their legs.

There is something really funny about the timing
of these lawsuits....

My read is that they are desperate and scared
and they want to scare up some media coverage.
But why? Have they bought a couple of judges?
Do they want a smokescreen to distract people
from the SGEIS process? Couldn't this potentially
backfire of these lawsuits get dismissed
(and they should be -- plaintiffs have no standing)

Stay tuned...


William Huston
Binghamton NY Phone: 607-321-7846

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