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Landowners Set to Sue NY for Fracking Decision Delay

Area landowners are set to sue New York over what they are calling the state's delay in deciding whether to go ahead with hydraulic fracturing.

Five plaintiffs are part of the suit the Joint Landowners Coalition of New York plans to file in State Supreme Court once it gets enough funding to move ahead with the suit.

The suit claims the state is violating it's Environmental Quality Review Act, which requires agencies to complete reviews with minimum delay.

It also claims the delay is causing an unconstitutional taking of landowners mineral rights.

Governor Cuomo has said he's waiting for the state's Department of Health to finish it's review.

"Most people understand that's not true. Other state's have done this in eight months to 23 months. We've been at it for half a decade. We know the state is not moving forward," said Scott Kurkoski, attorney for the Joint Landowners Coalition of New York.

Kurkoski hopes the coalition will reach its fundraising goal soon.  The state has put fracking on hold in New York since 2008, pending a review of the drilling process.

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