Federal Government Asks Judge To Dismiss New York State Fracking Lawsuit

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.

From a previous DeSmogBlog post detailing the specifics of the lawsuit:

Attorney General Eric Schneiderman of New York has filed a lawsuit against the federal government for failing to properly study the effects of hydraulic fracturing (fracking) before granting permits to gas drillers. The lawsuit seeks to stop fracking in the Delaware River Basin until a comprehensive analysis of the dangers is performed by the government.

Schneiderman warned Washington last month that he would file suit if the government didn’t take immediate action to study the effects of fracking. Schneiderman says that federal officials have failed to assess the fracking process properly, and that the environmental protections for the Delaware River Basin have not been evaluated by government officials to determine if they are adequate to address the fracking boom. Independent studies have shown that fracking fluids contain numerous toxic chemicals, and that the potential to contaminate water supplies is enormous.

Currently, standards for the Delaware River Basin would allow as many as 18,000 new gas wells in the coming years, and the majority of these will employ the controversial fracking method. These rules allow companies to create new gas wells without having to adhere to any environmental standards that other industries follow in the area.

In his original complaint, Schneiderman pointed out that hundreds of clean water violations have been reported as a result of the more than 2,000 gas wells that have been drilled in Pennsylvania, and that the state of New York has spent a staggering $1.5 billion to help protect their own water supply from fracking pollution.

The federal government’s request is a horrible blow to American citizens and to the environment, and will set a dangerous precedent for any fracking lawsuits that arise in the future.


The federal government can say anything it wants, but clearly if there were no risk of losing, they would not request the suit be dropped.

The Federal Government is NOT immune from being sued. Individuals can sue the US Government and so can states and corporations. Its absurd to make such a claim. Do they think we are STUPID or something?

When they say stop, then continue.
When they say no, then say yes.
When they deny you, ignore them and look to the courts.