The U.S. government is asking a federal judge in New York to dismiss a lawsuit brought by the state of New York against the government that was seeking to demand a complete review of the environmental damage caused by hydraulic fracturing (fracking). The federal government claims that New York state does not have the grounds to file a suit as they have “no evidence” of injury and they do not have the authority to sue the federal government.
Sandra Levy, an Assistant U.S. Attorney, wrote to District Judge Nicholas Garaufis, telling him that the suit was barred because the federal government has “sovereign immunity,” and therefore, federal agencies cannot be sued by states.
This is a guest post by Dale Marshall, national energy program manager with Environmental Defence.
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