New York’s bans on various forms of fracking are unconstitutional under the Fifth Amendment, according to a lawsuit from a father and son who claim they’ve been economically deprived by the prohibition.
New York’s bans on high-volume hydraulic fracturing, carbon dioxide fracturing, and propane gel fracturing amount to an impermissible governmental taking, Thomas Woodward and Madison Woodward III say in their complaint. They’re asking the US District Court for the Northern District of New York to declare the fracking bans unconstitutional both facially and as-applied to them and to enjoin the state from enforcing its restrictions.
“The Woodwards are ...