Matter of Grafe-Kieklak v. Town of Sidney, Index No. 2013-602 (N.Y. Sup. Ct. Delaware Co. filed June 12, 2013). Petitioners challenged the Town of Sidney’s temporary moratorium on oil and gas drilling activities within the Town. Petitioners claimed that the Town Board did not follow proper procedures in enacting the moratorium. The complaint’s claims draw from the decision in Jeffrey v. Ryan (N.Y. Sup. Ct. Binghamton Co. Oct. 2, 2012) that struck down a drilling moratorium in the City of Binghamton.
Colo. Oil & Gas Ass’n v. Longmont, (Colo. Dist. Ct., filed Dec. 2012). Plaintiff challenged a City of Longmont resolution approved by voters in November 2012 that prohibited hydraulic fracturing within the City’s limits. Among other claims, plaintiff alleged that the resolution was an illegal, de facto ban on oil and gas drilling and was preempted by state law. Plaintiff further alleged that the resolution imposed a regulatory taking without compensation.