The Marcellus Shale region is experiencing a boom in natural gas drilling due to high-volume horizontal hydraulic fracturing, more commonly known as hydrofracking. This process has recently become controversial due to alleged drinking water contamination in Pennsylvania. New York prohibited hydrofracking through a de facto moratorium pursuant to an Executive Order that required the New York Department of Environmental Conservation to undertake a comprehensive review of the supplemental generic environmental impact statement required for drilling permits.  While the moratorium has since been lifted, this Article examines whether New York could have effectively defended it against any takings claims.