ELR Citation: 42 ELR 20198
No(s). 11-CV-2S99 et al (E.D.N.Y. Sep 24, 2012) (Garaufis, J.)

A district court dismissed a lawsuit filed by the state of New York and several environmental groups challenging the federal government's decision not to conduct an environmental review under NEPA while the Delaware River Basin Commission drafts and considers regulations that would allow hydraulic fracturing in the Basin. Although the plaintiffs provided a great deal of support for how their interests may be threatened if natural gas development is allowed in parts of the Basin, as of now it is not allowed, and the mere existence of proposed regulations is not sufficient to demonstrate that their interests are at risk. Accordingly, there is no injury-in-fact and the plaintiffs lack standing.