Legal Opinion

Talisman Energy USA, Inc. v. New York State Department of Environmental Conservation

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 2014Published

1Opinion of the Court

Rose, J.P.

Petitioner is a driller and developer of natural gas wells in New York, including four wells that are the subject of this proceeding/action. Respondents Western Land Services, Inc., Buck Mountain Associates, Inc., Austin Exploration Corporation, LLC, Bryon J. Cook, William E Cook and Epsilon Energy USA, Inc. (hereinafter collectively referred to as respondents) are the partial owners or manage the partial owners of the natural gas extracted by petitioner. At issue here is whether the Legislature’s substantial amendments made in 2005 to ECL article 23, which governs oil and natural…

2Cases cited11 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of CommerceNew York Court of Appeals · 2013
  3. Raynor v. Landmark ChryslerNew York Court of Appeals · 2011
  4. Robinson Motor Xpress, Inc. v. HSBC Bank, USAAppellate Division of the Supreme Court of the State of New York · 2006
  5. Lewis Family Farm, Inc. v. New York State Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 2009

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