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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:21 PM
Original message
Oh Yeah... Hope And Change... Phfffttt...
New York State’s Fracking Lawsuit Barred by Law, U.S. Says
By Tiffany Kary - Bloomberg
Aug 2, 2011 3:13 PM PT

<snip>

The U.S. government said it will ask a judge to dismiss a New York lawsuit that seeks to force a fuller environmental review of how natural-gas extraction could affect 9 million water drinkers in the state. The U.S. plans to ask U.S. District Judge Nicholas Garaufis in Brooklyn, New York, to dismiss the case on the grounds that the state can’t prove injury and doesn’t have the right to sue federal agencies, according to a letter filed with the court yesterday.

The New York state complaint is “barred by well-settled principles of sovereign immunity,” Assistant U.S. Attorney Sandra Levy wrote in the letter to the judge. Sovereign immunity protects the U.S. from lawsuits unless it waives the right.

New York Attorney General Eric Schneiderman sued on May 31, saying a commission that oversees the Delaware River Basin has proposed regulations that will allow hydraulic fracturing, or fracking, at 15,000 to 18,000 gas wells without a full environmental review. Fracking is the process in which water, sand and chemicals are pumped underground to break apart rock formations and release natural gas. “As our complaint makes clear, the federal government has an obligation to undertake the necessary environmental impact study,” Schneiderman spokeswoman Lauren Passalacqua said in a statement.

<snip>

More: http://www.bloomberg.com/news/2011-08-02/u-s-seeks-to-dismiss-new-york-state-lawsuit-over-natural-gas-drilling.html

:wtf:

:banghead:

:beer:

:smoke:
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RagAss Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:23 PM
Response to Original message
1. yeh...we all got a snootfull of that fart !
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hedgehog Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:25 PM
Response to Original message
2. Kind of ironic, because last I'd heard, NYS set aside the water
sheds for NYC and Syracuse and pretty much opened up the rest of the state. Too bad if you have well water. I guess your water must be frack proof!
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HysteryDiagnosis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:28 PM
Response to Original message
3. A company that might turn the tide the other way, I am hoping with all the gusto I can
http://www.rentechinc.com/

ncorporated in 1981, Rentech’s vision is to be a provider of clean energy solutions. We are developing projects that we expect to produce certified synthetic fuels and electric power from carbon-containing materials such as biomass, waste and fossil resources. We own technologies that enable the production of such fuels and power when integrated with certain other technologies that we license or purchase.

Our technologies can produce synthesis gas (syngas) from biomass and waste materials, and can convert syngas from our own Rentech-SilvaGas or other gasification technologies into complex hydrocarbons using the Rentech® Process that are upgraded into fuels by refining technology that we license from UOP. In addition to developing projects using these technologies, we are pursuing the licensing of our technologies to developers of projects that are expected to produce fuels and/or power. We also own and operate a nitrogen fertilizer plant in East Dubuque, Illinois.
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Pooka Fey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:30 PM
Response to Original message
4. K&R
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:31 PM
Response to Original message
5. Why shouldn't the US government defend their interests in court?
Edited on Fri Aug-05-11 07:32 PM by Renew Deal
I know it sucks some of the time, but what if they have a point? If you want to be pissed at someone, look at Cuomo.
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:40 PM
Response to Reply #5
6. Curious... Just What Are The US Interests In New York's Water ???
And why WOULDN'T the US government want a full environmental review before proceeding?

And... Schneiderman IS Cuomo's AG, is he not?

:shrug:
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 07:47 PM
Response to Reply #6
7. This isn't about water.
It's about defending their agency.

AG's are elected, so technically Schneiderman is independent. What I've been hearing from my Democratic friends is that Cuomo is the one that has allowed fracking to proceed.
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 08:04 PM
Response to Reply #7
8. Hey Deal... Maybe I'm Just An Old School Democrat, But...
You haven't seen the trailer/movie 'Gasland', where after fracking, people who rely on wells for water in that area are now able to light the water coming out of their faucets ON FIRE???

See... even though it was under Nixon that we created the Clean Air/Clean Water Acts, most Dems/Progressives/Liberals have always supported protecting the people against the unwise practices of monied interests.

There was a time when Democratic Presidents, and Governors, did so as well.

:shrug:
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glowing Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 08:06 PM
Response to Original message
9. If I'm not mistaken, Cheney got Fracking specially approved to occur
without any regulations basically. The EPA is supposed to ignore that it can cause huge environmental issues concerning clean water and for the future for a long time. How do they clean up? What are the safe guards against contamination of drinking water and/ or people's wells?

This was a Cheney deal.. It seems as though Obama is continuing down the path of disregaurding people's health and right to clean water (there is a Clean Water Act) and individual property rights, over the right for Oil companies to make money. Kind of like BP has made the Gulf whole... if you believe that, you believe BP's emergency spill plan for the Gulf was an amazing up to date detailed plan explaining who they deal with the walruses swimming in the Gulf of Mexico. It seems he is owned by every corporation for his re-election. I guess he doesn't trust that good, solid progressive initiatives pressed through the legislation or at least fought for wouldn't automatically make people love him more and elect him in a landslide.. I mean who would think people who are doing good and feel govt is working for the MOST of the people living in the US, rather than the rich bastards, wouldn't automatically have you re-elected.

Guess he's just a bastard. Doesn't care about real people, would rather have the money, and would rather hob-knob with the rich people of wallstreet, than care for taking care of the entire country. I guess he just wants his billion dollars to run his campaign all while people are struggling just to find $5.00 to buy the kids some cheap McD's hamburgers (not even cheese, its more expensive).

I hope NY can do something about this law Cheney pushed thru in some sort of shitty ass bill before the bastard left. Perhaps NY state can pass its own laws or odinances to protect the state? Or maybe a county that is having its natural resources stolen and environmental mess left behind could sue the crap out of the oil companies for monetary damages. Perhaps if the operation becomes economically non-advantageous, they will stop this fracking shit. Because it is SHIT.
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WillyT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-05-11 10:17 PM
Response to Original message
10. Kick !!!
:kick:
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