No Clear Scope Of Preemption For NY Natural Gas

Law360, New York (September 18, 2012, 3:17 PM EDT) -- In an apparent first in New York state, a natural gas production company has shut off its existing production wells in response to a town’s enactment of a moratorium on the development of natural gas facilities. On July 6, 2012, eight days after the town of Avon, N.Y., enacted its 12-month moratorium, Lenape Resources Inc. advised the landowners in the town who lease their property to Lenape that it would begin “shutting-in” Lenape’s approximately 16 existing vertical production wells and their supporting gathering lines, “effective immediately.”...
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