| Abstract: | New York has found itself in the perfect storm for the rising of a familiar foundational environmental law, the takings clause of the Fifth Amendment of the U.S. Constitution. Combining the gas-rich Marcellus and Utica Shales with the advent of a relatively new natural gas drilling technique and strong community opposition, New York municipalities have increasingly adopted zoning ordinances prohibiting generally the exploration and extraction of natural gas. Using the regulatory takings law and three potential property right scenarios, this article argues that a taking could arise where ownership of surface and subsurface rights are distinct and separate. |
