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Energy Production and Distribution Obstruction - NY

New information added on July 26, 2014

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Updates and News Briefs

"Drill now for energy in America" Our abundant oil and gas would keep money, jobs, and opportunities here in the United States. By Roy Innis, Chairman of the Congress of Racial Equality, June 12, 2008 (Posted by permission)

"New York State's Power Plant Siting Law Expired in 2003, Passage of New Law Urged"
- News Brief, PRFA, Spring 2008

"New York State Petitions to Reverse Federal Electric Transmission Corridor Designations"
- News Brief, PRFA, Spring 2008

"Orthodox Monks Fight Wind Project" - News Brief, PRFA, January 2008

"The Federal Government is Establishing Power Line Corridors in New York"
-News Brief, PRFA, October 2007

See Also
See Also

Government Control of Private Land

Obstruction of Gravel Mining - New York

Essential Books & Publications
Essential Books
& Publications

For further description of PRFA publications, see
Publication Order Form

The Property Owner's Experience-New York's Arbitrary and Excessive Environmental Regulation of Private Land and Resources - By Carol W. LaGrasse (PRFA, 1998)
Background and Recommendations for reforms in 20 areas of state policy, including: eliminate bias; establish binding time cutoffs for agency review; eliminate discretionary powers; restrict agency powers to statute; eliminate cost-ineffective, functionless rules; use science, not emotionalism, for policy decisions; and other reforms needed to environmental regulation.

Additional Resources
Additional Resources

Pennsylvania Independent Petroleum Producers (PIPP)
address

Independent Oil and Gas Association of New York State (IOGA)
address & web site

Additional Helpful Organizations
Additional Helpful
Organizations

Committee for a Constructive Tomorrow
(CFACT)
 

In-Depth Information

  • Bonner Cohen, Ph.D."Energy Abundance or Poverty: The Choice of a Century" - By Bonner R. Cohen, Ph.D., Senior Fellow, National Center for Public Policy Research & Senior Policy Analyst, Committee for a Constructive Tomorrow, Washington, D.C., address to the Sixteenth Annual National Conference on Private Property Rights (PRFA, Latham, N.Y., October 20, 2012)
    The promise of energy independence took Bonner Cohen, Ph.D., on a breathtaking overview of rural economies in states such as North Dakota since the development of oil and gas resources in shale. The "shale revolution," as Dr. Bonner referred to it, combined with changing demographics, is also upending the power relations of nations and continents, with Russia notably facing the specter of Europe's capacity to produce its own energy, and China posturing against Vietnam over oil and gas-rich islands in the South China Sea. Will the United States succumb to the demonization of shale gas by environmentalists and relegate management of these resources on private property to Washington, or will the promise of prosperity be fulfilled through wise utilization and local regulation at the state level?
  • Carol W. LaGrasse"Energy Issue Requires a Rational Approach" - By Carol W. LaGrasse (Letter to the Editor, Published in The Post-Star, Glens Falls, N.Y., November 13, 2008)
    Today, the energy issue urgently demands a rational approach to forest management. The time has come for the legislature to revisit the State Constitution's "forever wild" clause, which forbids timber harvesting on 3 million acres of state-owned land in the Adirondack Forest Preserve, plus forest preserve lands in the Catskills.
  • Alan J. Knauf"Wind Power Meets Zoning" - By Alan J. Knauf, Esq., Knauf Shaw LLP, Rochester, N.Y.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
    Across New York and the country in zoning boards, planning boards, and in courts, landowners and developers are fighting town officials, NIMBY 's and somewhat hypocritical environmentalists to utilize wind power, an abundant natural resource in upstate New York. This talk outlines the current status of what's going on with wind power and zoning regulation, particularly in upstate New York. One solution may be legislation to supersede local authority.
  • "Property Rights Around New York" - By Carol W. LaGrasse, President, Property Rights Foundation of America, Inc. (Speech to the Building & Realty Institute of Westchester and the Mid-Hudson Region, White Plains, N.Y., September 11, 2008)
    On the anniversary of 9/11, the insidious attempt to repeal new building code protections of high-rise office occupants that were the culmination of the work of the best minds in fire protection and engineering points to the true need for government that would protect the economy and property rights of New Yorkers by dealing with dictatorial historic preservation, NIMBY obstruction of local development, utility obstruction, warrantless rental inspections, overzealous wetland protection, free-wheeling eminent domain, and limitless preservation-oriented land acquisition.
  • BATH PETROLEUM STORAGE, INC.
    • "Amicus Curiae Memorandum of the New York State Propane Gas Association in Support of Motion for Leave to Appeal" - Bath Petroleum Storage, Inc., et al., v. New York State DEC, et al., New York State Court of Appeals (Civil Appeal No. 01—02144, Nov. 2002)
      The decline of propane storage capacity and the existence of only one propane pipeline in New York State, the effect on meeting consumer demands, the limitation of judicial deference to administrative agency determination (court precedent has not extended judicial deference to unlawful actions of administrative agencies), the need to overturn the appellate division's ruling because it would allow the agency to stonewall an applicant for a renewal permit with overly burdensome and irrelevant informational requests. DEC seeks to impose regulations that were proposed but not enacted.
    • "Post-Submission Memorandum to Correct the Record before the Court of Appeals" Bath Petroleum Storage, Inc., et al. v. New York State DEC, et al., New York State Court of Appeals (Civil Appeal No. 01-02144, Nov. 19, 2002)
      This unusual paper corrects several blatant misrepresentations in the DEC's opposition brief that, if relied upon by the court, might improperly prejudice its determination in the request for appeal. In making the corrections of factual matter, Bath Petroleum quotes the factual determination in Livingston County Supreme Court's Decision, the administrative procedure, and the litigation record.
    • "Notice for Leave to Appeal with Memorandum in Support" Bath Petroleum Storage, et al., v. New York State DEC, et al., New York State Court of Appeals (Civil Appeal No. 01-02144, Nov. 4, 2002)
      Bath Petroleum Storage, Inc. and E.I.L. Petroleum, Inc. (BPSI) applied for a renewal of its State Pollutant Discharge Elimination System Permit that had been in effect for 24 years. DEC issued a number of notices of incomplete application that sought additional information. In many cases, however, the information sought was not new; rather DEC demanded that BPSI change its answers to particular questions contained in the application. Despite numerous supplemental submissions, DEC denied the application on the basis that it was incomplete. On appeal, the administrative law judge determined that BPSI was not entitled to a hearing, which was confirmed by the DEC deputy commissioner. However, Livingston County Supreme Court Judge Raymond E. Cornelius ruled that DEC's reliance on its completeness determination to deny the permit application and thereby block BPSI from ever challenging DEC's actions by obtaining a hearing was arbitrary and capricious. The Appellate Division Fourth Department reversed Judge Cornelius in a two-paragraph summary opinion stating that its inquiry was limited to determining whether DEC had articulated a rational basis for its decision.
  • BATH PETROLEUM STORAGE, INC.
    • "Comments relative to NYCRR Proposed Subpart 750-1 and Subpart 750-2, SPDES Permits" - By Bath Petroleum Storage, Inc. (Letter to Angus Eaton, PE, NYS DEC, Division of Water, May 20, 2002)
      These eleven pages of comments about DEC's proposed revisions to the SPDES rules for discharge to water bodies should be a mandate for major rewriting: to eliminate subjective, discretionary requirements for approval; arbitrary and capricious demands for additional information during approval process; broad, non-objective catchalls to allow DEC to delay an applicant; prejudicial certification requirements; administrative basis for decisions rather than science; unpublished guidance for permit revocation; lack of protections for confidentiality of trade secrets; draconian requirements for facility expansion; arbitrary requirements for facility decreases; and even the requirement to give 45 days notice of accidents or shutdowns.

      (SPDES = State Pollutant Discharge Elimination System)
    • "Bath Petroleum Storage, Inc., et al. v. New York State DEC, et al." - Decision, Judge Raymond Cornelius, State of New York Supreme Court, Livingston County, August 27, 2001 (decision posted in full)
      Judge Raymond Cornelius granted Bath Petroleum's request to be afforded an adjudicatory hearing in order to obtain a review of DEC's denial of their SPDES application for a waste water discharge permit from their liquefied petroleum gas storage facility. DEC had denied the hearing because of "incomplete information," but, in a 24-page decision, the court held that many of the thirty items in DEC's Notice of Incomplete Application "did not involve what commonly might be regarded as incomplete information, but rather, conclusions, on the part of the DEC, that the application contained incorrect information. In several instances, the notice suggested the presumably, correct answers." The judge ruled that "the failure to afford Petitioners an adjudicatory hearing was in error, and constituted arbitrary and capricious conduct."
    • "Bath Petroleum Storage, Inc., et al. v. New York State DEC, et al." - Order, Judge Raymond Cornelius, September 21, 2001
      In what amounts to a reprimand to DEC, Judge Cornelius vacated as "arbitrary and capricious" Deputy DEC Commissioner Carl Johnson's November 6, 2000 administrative decision to deny Bath Petroleum's SPDES waste water discharge permit from its liquefied petroleum gas storage facility. He also "vacated and annulled in its entirety" DEC's December 8, 1999 denial of Bath Petroleum's application for a SPDES Permit renewal. In addition, he ruled that the company's application for SPDES Permit renewal was a complete application. Furthermore, he ruled that the company was entitled to the safe harbor provisions of the State's Administrative Procedures Act so that their earlier permit was still in effect and the company could continue to operate its facility during its permit application.
  • "DEC's Over-regulation of Small Oil Producers" - By Carol W. LaGrasse (Reprinted from The Property Owner's Experience, April 1998)
    Over the past fifteen years, thousands of oil wells in the Bradford Field in southwestern New York have gone out of production. Although the wells have the capacity to produce oil for many years, the operators are squeezed by low prices and increased costs of environmental regulation.

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