Paperwork filed as part of the bankruptcy proceedings for Norse Energy (U.S. Bankrupty Court Western District of New York) that shows the West Law Firm is being hired, pro bono, to represent Norse in an "Article 78 Proceeding" against Gov. Andrew Cuomo, DEC Commissioner Joe Martens, and State Health Commissioner Nirav Shah. An Article 78 is a citizen's (or company's) way of forcing a government to act that refuses to fulfill its lawful role--in this case to force the release of the SGEIS (new shale drilling regulations) that has been on hold now for more than five years.
Norse Energy Request to Hire West Law Firm to Help with Lawsuit Against Gov. Cuomo to Force Release of Shale Drilling Regulations
1. UNITED STATES BANKRUPTCY COURT
W ESTERN DISTRICT OF NEW YORK
_____________________________________________
In Re
BK NO. 12-13685B
NORSE ENERGY CORP. USA
Debtor(s)
_____________________________________________
APPLICATION BY TRUSTEE UNDER
BANKRUPTCY RULE 2014 FOR
ORDER APPROVING EM PLOYM ENT
OF ATTORNEY AND ORDER
TO THE COURT:
MARK S. W ALLACH, Trustee duly appointed and serving in the above case hereby requests an Order appointing the employment of
the person or firm indicated below and submits the information recited below as required by Interim Rule 2014.
SPECIFIC FACTS SHOW ING NECESSITY FOR SUCH EM PLOYM ENT: The Trustee was appointed in connection with the
above-captioned case upon its conversion from Chapter 11 to Chapter 7. In 2010, a moratorium on high-volume hydraulic fracturing
of oil and gas wells was put into effect by New York State pending completion of an Environmental Impact Statement pertaining to
that activity. It appears that sufficient time has elapsed for the completion of the Environmental Impact Study and The W est Firm,
PLLC (“W est”) desires to file an Article 78 Proceeding against various New York State governmental officials to compel the
completion of the Environmental Impact Statement and W est has agreed to represent the Bankruptcy Estate’s interests on a pro bono
basis in such proceeding as may be commenced.
NAM E OF PERSON OR FIRM TO BE EM PLOYED: The W est Firm, PLLC
REASON FOR SELECTION OF THIS PARTICULAR PERSON OR FIRM : Prior appointment of firm in Chapter 11 case and
expertise of firm indicated in prior Application.
PROFESSIONAL SERVICE TO BE RENDERED: Commence Article 78 Proceeding against various New York State
governmental officials to compel the completion of Supplemental Generic Environmental Impact Statement relative to high volume
hydraulic fracturing of oil and gas wells in New York State.
ALL OF SUCH PERSON'S OR FIRM 'S CONNECTIONS W ITH THE DEBTOR, CREDITORS OR OTHER PARTIES IN
INTEREST, OR THEIR RESPECTIVE ATTORNEYS AND ACCOUNTANTS, THE UNITED STATES TRUSTEE OR ANY
PERSON EM PLOYED W ITH THE OFFICE OF THE UNITED STATES TRUSTEE: To the best of the Trustee’s knowledge,
no member of the firm has any connection with the Debtor or creditors, or other parties in interest or their respective counsel except as
set forth in the Declaration of Thomas S. W est, Esq. dated November 18, 2013.
ALL COM PENSATION IS SUBJECT TO BANKRUPTCY COURT APPROVAL.
DATED: November 18, 2013
/s/ Mark S. W allach
____________________________________
Trustee
__________________________________________________________________________________________
ORDER
Pursuant to 11 U.S.C. §327(a) and §328(a), the Trustee's employment of The W est Firm, PLLC of 677 Broadway, Albany,
New York, 12207 to serve as attorney is approved. Compensation for the employment approved by this Order subject to Court
approval.
____________________________________
U.S.B.J
ORDERED:
Case 1-12-13685-CLB
Doc 637 Filed 11/20/13 Entered 11/20/13 09:03:44
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