12 years after New York State’s high volume water frac ban (over 300,000 gallons), mineral owners file federal lawsuit against the state for “Takings of Mineral Rights.” CO2 frac’ing was banned in 2024, nitrogen/H2S, other gas, vertical fracs and low volume water fracs aren’t banned. The Woodwards had years to frac out their gas but didn’t.
New York State banned high volume (anything over 300,000 gal of water) frac’ing in 2014 (not high pressure fracs), and CO2 frac’ing in 2024, leaving landowners with many options to frac – if they have gas beneath their land.
To best of my knowledge, the state never banned N2, propane, butane or H2S frac’s, or vertical fracs (most of Encana’s fracs in my community – more than a decade of them – were vertical).
So, why the hell didn’t the Woodwards frac out their gas using methods allowed? Is it because they know there’s no recoverable gas under their property (too shallow, too thin, too mature)?
In my view, this action stinks of bullying, perhaps paid for by Texas frac’ers, and threatening shit disturbing.
Breaking: Federal Lawsuit agianst NYS for “Takings of Mineral Rights – Fracking
Plaintiffs Thomas Woodward and Madison Woodward III (together, the Woodwards) bring this Fifth Amendment takings challenge to New York’s comprehensive ban on high-volume hydraulic fracturing, carbon dioxide (CO2) fracturing, and propane gel fracturing, which prohibits all commercially viable methods of extracting natural gas from the Marcellus and Utica Shale formations underlying their property in Delaware County, New York. N.Y. Env’t Conserv. Law (ECL) § 23-0501.
On April 16, 2026, father and son Thomas and Madison Woodward filed a complaint in the federal court for the Northern District of New York against state officials, allegi ng that New York’s bans on oil and gas development by prohibiting certain methods used for natural gas extraction constitute an unconstitutional taking of property.[1] The Woodwards are represented by the Pacific Legal Foundation.[2]
In 2011, the Woodwards purchased property in western New York.[3] Underlying this property is the Marcellus and Utica Shale formation, which extends across the border into Pennsylvania and through Ohio and West Virginia.[4] The complaint details that because of its low permeability, extracting natural gas from the Marcellus and Utica Shale formations requires fracture stimulation—and the only commercially viable method of fracture simulation is high-pressure hydraulic fracturing.[5]So, go frac! NYS’s frac ban is for high volume water fracs, not high pressure fracs. The Woodwards had years to frac out their gas with H2S, N2, N2 and CO2 fracs, low volume water fracs or low volume water mixed with gas fracs, and vertical frac’ing. NYS didn’t ban CO2 frac’ing until 2024, leaving Woodwards plenty of time to frac to get their gas out. And, they can still frac with N2 and other fluids. New York, however, has banned high-pressurenot true! hydraulic fracturing, along with other fracturing techniques including CO2in 2024, leaving the Woodwards many years to frac out their gas, if there is any)and gel propane fracturingto my knowledge, gel fracs are allowed.[6]
As permitted by New York law, the Woodwards severed the surface and mineral estates of the property at issue.[7] In their complaint, the Woodwards claim that New York’s bans, codified by statute in 2020 and 2024, on high-pressure hydraulic fracturing and other fracturing techniques “has taken all economically beneficial use of the [their] severed mineral estate.”[8] For relief, the Woodwards are seeking a declaratory judgment that the development bans violate their Fifth Amendment rights, as well as a permanent injunction preventing state officials from enforcing it.[9]
If ultimately successful, the lawsuit will significantly expand the area of potential development of the Marcellus and Utica shale formations. Vorys will continue to monitor the lawsuit and its outcome for its clients.
More than a decade after fracking was effectively banned in New York State, a federal lawsuit is looking to overturn that ban.
In 2011, Madison Woodward and his son Thomas Woodward purchased 164 acres along Route 357 in the Town of Sidney with the hope of cashing in on the potential for natural gas drilling in the underground Marcellus and Utica Shale deposits. Their plan, like many others, was thwarted when New York State effectively banned high volume hydraulic fracturing in 2015, citing environmental concerns over the process. The Woodwards, who live in Texas, subsequently sold the property at a loss in 2019, but retained its mineral rights.
Thomas always maintained that their property rights had been illegally taken by New York State’s decision. The Woodwards believe they should at least be compensated for their loss.
Mineral Rights Owner Thomas Woodward says, “This is about being an American. And it’s one of the most American things you can do, it’s standing up for the Constitution. We all have rights in this country and that’s what makes America so great. This is one of those things where sometimes you have to stand up and ensure that our rights are not infringed upon.”
The Woodwards found the Pacific Legal Foundation, a law firm with experience with suing over mineral rights. They say the goal is to overturn New York’s ban on fracking.
But barring that, they want the state to compensate them for their loss. They say they’ve witnessed what the economic benefits have been from fracking in both Texas and Pennsylvania.
And they believe environmental concerns can be addressed through regulation.Frac’ers do not heed regulations and regulators look the other way, and or abuse the frac harmed when companies violate the law. Just look to Dimock, PA, as one glaring, near two decades long, fiasco that remains ongoing with residents still without water.
Mineral rights owner Madison Woodward says, “It was a real economic hardship for these people to look across the border into Pennsylvania and see these guys driving Porsches and everybody on our side of the border is driving rusted old F-150’s. Embellish much? When the state took this right away, we were surprised that a group didn’t get together and file this lawsuit a long time ago.”
Woodward says he believes the potential harm from fracking has been exaggerated and he points to the experience just miles away in Pennsylvania.Read up on Dimock and Freeport Twp. One hell of Pennsylvanians have been harmed by frac’ing, and a lot of water and land contaminated. All states that allow frac’ing have contaminated water, spills, health harms, and or earthquake damages, frac’ers crashingk their rigs into homes, etc. The Pacific Legal Foundation filed the suit against the DEC and the New York Attorney General last week and are awaiting the state’s response.
A father and son who own the mineral rights to 164 acres of land in New York are suing the state in federal court to challenge its ban on fracking.
The lawsuit, filed in the Northern District of New York, argues that the state’s ban on fracking is unconstitutional because it deprives the two of productive use of their property, amounting to an unfair taking by the government.Untrue. The Woodwards can still frac with a number of options, and, could have frac’d with CO2 up until 2024, but they curiously didn’t. Because they know they have no recoverable gas?
“The state’s regulatory framework for oil and gas was designed to govern the manner of extraction … not to prohibit extraction altogether,” the lawsuit reads. “The State has systematically banned high-volume hydraulic fracturing and effectively made it impossible to develop these resources.”
The plaintiffs are asking the court to block the state from enforcing the ban. …
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So, go frac! NYS’s frac ban is for high volume water fracs, not high pressure fracs. The Woodwards had years to frac out their gas with H2S, N2, N2 and CO2 fracs, low volume water fracs or low volume water mixed with gas fracs, and vertical frac’ing. NYS didn’t ban CO2 frac’ing until 2024, leaving Woodwards plenty of time to frac to get their gas out. And, they can still frac with N2 and other fluids.