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Wallach v. New York State Department of Environmental Conservation

ELR Citation: 44 ELR 20164
Nos. 6773-2013, (N.Y. Sup. Ct., 07/11/2014)

A New York court dismissed a lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The trustee to a bankrupt energy company filed the lawsuit, claiming that the company's bankruptcy and inability to develop its mineral rights stem from the state's failure to finalize the standards for high-volume hydraulic fracturing. The trustee's claims were brought under the State Environmental Quality Review Act, but he failed to allege any environmental harm. Rather, the injuries are purely economic. As such, the trustee lacks standing, and the case was dismissed.