GOP Lawmakers Plan Their Attack Against NY Fracking Ban

October 11, 2020 0 By HearthstoneYarns

Just one month after New York’s landmark fracking ban was announced, amid ongoing celebrations and calls for other states to follow suit, Republican lawmakers are already scheming on how best to override the decision.

The Poughkeepsie Journal reported Sunday that at least one Republican congressman is considering ways to make it easier for landowners to sue the state.

Fracking advocate and U.S. Rep. Chris Collins (R-NY), who was recently named to the House Energy and Commerce Committee, told the Journal that he has “engaged in a series of discussions on the next steps needed to help restore the individual property rights of New Yorkers.”

Landowners already have a recourse, known as a “takings claim,” through which they can argue that they have “no reasonable use for their property as a result of the government’s action” and that the government is obliged to compensate for their losses. At issue is whether the fracking ban would apply in this context.