The Joint Landowners Coalition of New York and a trustee for bankrupt Norse Energy had filed suit arguing that the state's six-year-old moratorium on the controversial gas drilling technique has caused economic hardship and denied lease-holders their property rights.
However, Judge Roger McDonough ruled that the plaintiffs had not shown that they had suffered environmental harm and therefore lacked the legal authority to challenge the ongoing environmental and health review.
Anti-fracking groups statewide praised the ruling as did State Attorney General Eric Schneiderman who defended the state.
The JLCNY contends that its members are being prevented from using a environmental resource and that it will likely appeal.
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