Possible Fracking Lawsuit

2/11/2013 (Updated 10:41:31 PM)

A local landowners group is threatening a lawsuit if the state misses a February 27th deadline to release fracking regulations.

The Joint Landowners Coalition of New York says further delay would be akin to the state taking away landowners' property rights.

An environmental lawyer says such an argument wouldn't fly. But the attorney for the landowners group says there is no reason for a further delay.

"The government can not take private property rights without just compensation. Here the allegation will be because of the state's inaction it has taken the property rights of landowners in New York in a de facto way," said Scott Kurkoski, attorney for the Joint Landowners Coalition of New York.

"The landowners are still able to use their property as they historically always have been since high-volume horizontal hydrofracking has never been permitted in New York," said Helen Slottje of the Community Environmental Defense Council.

If the state misses the February 27th deadline the rule-making process would have to restart. That process would include a 45-day public comment period.