An update on the effort in New York State to get shale drilling legalized--issued by the Joint Landowners Coalition of New York (JLCNY). This June 2013 newsletter provides a quick legislative update, a review of a recent seminar held in Albany, FrackNation screening update, and most importantly, an update on the lawsuit being undertaken by the JLCNY to force New York to compensate landowners if they will not allow drilling--a legal concept called "takings".

1. June 25, 2013
Dear Friends, Coalition Leaders, Landowners and Natural Gas Supporters,
The Joint Landowners Coalition of New York has been extremely active over the
past several months fighting to protect the rights of New York landowners. The
following is a summary of some of our ongoing efforts including an update on the
lawsuit against the State.
New York State Legislature
The 2013 legislative session ended on Friday June 21, 2013. 101 anti-gas bills were
proposed including a two-year moratorium on all oil and gas development in New
York. The session ended with not one anti-gas bill being passed. We were able to
counter a massive effort by our opposition who would like to see NY closed for
business forever. Thank you to our political consultant, our political action committee
and to our many members and supporters for their hard work.
Albany Seminar - Top Myths of Natural Gas Development: Debunked
Governor Cuomo suggested in March that groups in favor of natural gas
development should do more educational work to allay the fears of the general
public. As you know, educating the public is what the JLCNY and our member
coalitions have been doing for over 5 years.
As a direct response to Governor Cuomo, the JLCNY held an educational program
on May 30, 2013 in the Legislative Office Building in Albany –“Top Myths of Natural
Gas Development: Debunked.” Our speakers were Mark Boling, President of V+
Development Solutions, a division of Southwest Energy Company, Professor Don
Siegel, Hydrologist from Syracuse University, Rex Catlin, CEO of Endless Mountain
Health Systems in Montrose, Pennsylvania and Doug McKlinko, Bradford County
Commissioner of Bradford County, Pennsylvania. The program was attended by
legislators, policy makers, staff members and leaders from business, agricultural and

2. labor organizations. The program was moderated by Tom Wilber to ensure that the
toughest and most important questions about natural gas development were
addressed by the panel of experts. The program received widespread media
exposure and had a positive impact on everyone who attended. Soon after the
seminar we began to see what happens when truth and facts replace misinformation
and fear. The seminar contributed to keeping the moratorium bills off the Senate
floor.
FrackNation
We have been very pleased with the release of FrackNation, a feature documentary
directed by Phelim McAleer, his wife Ann McElhinney, and Magdalena Segieda.
FrackNation exposes the misinformation spread by Josh Fox and Gasland and tells
the truth about what natural gas development will do for NY and our nation.
The New York Post said: “If you get an Oscar nomination for fearmongering based
on rumors and lies, what do you get for debunking the Oscar nominee? Nothing,
probably, but Phelim McAleer, who in “FrackNation” gleefully shreds assertions
made in the anti-fracking documentary “Gasland,” should be content to have struck a
blow for truth.”
http://www.nypost.com/f/print/entertainment/movies/really_frackin_good_doc_QDliZ
CxTTA0dnSPfACcL3I#axzz2XF6O5FgP
The JLCNY has been sponsoring FrackNation screenings since the movie
premiered. Our first screenings were in February at the Regal Theater in Binghamton
and the Swyer Theater in Albany’s Empire Plaza. We have been sponsoring
additional viewings to coincide with the release of Gasland II. They have been billed
as the showdown of the century between Phelim McAleer and Josh Fox.

3. Movie theaters in Vestal, Callicoon and Brooktondale in Tompkins County have been
filled with people who want to know the truth about natural gas development. All of
our FrackNation events included special appearances by Phelim McAleer. Thank
you to all who attended.
Lawsuit Against New York State
On February 8, 2013, the NYS Health Department Commissioner said he would be
finished with his health review in a “few weeks”. That was over 4 months ago! We
are about to hit the 5 year mark on New York’s moratorium. The JLCNY believes that
we have no option but to commence proceedings against our State to protect the
rights of landowners, preserve the economic benefits to all New Yorkers, have an
immediate impact on climate change and allow our nation to come closer to
achieving energy independence.
We are pleased to report that we have collected sufficient funds allowing us to retain
Robinson & Cole LLP. They will work with JLCNY attorneys to prepare the
complaint against the state. The Robinson & Cole team will be led by Dwight
Merriam and Joseph Clasen. Mr. Merriam has published over 200 articles and eight
books, including The Takings Issue, The Complete Guide to Zoning, and Eminent
Domain Use and Abuse: Kelo in Context. Mr. Clasen represented Gyrodyne in its
condemnation litigation against New York State. In July 2012, Gyrodyne received
$167,530,657.00 for its condemnation award against New York. See
www.gyrodyne.com Their biographies are available at:
http://www.rc.com/bio.cfm?eid=736 and http://www.rc.com/Bio.cfm?eID=712
In addition to our takings claims and claims that the delay in issuing permits
constitutes an unconstitutional moratorium on HVHF, we have also been considering
a “mandamus” action. This would be an action under Article 78 to compel NYS to
complete the SGEIS.
We are encouraged by the United States Supreme Court’s pro property rights
takings decision just handed down today! In KOONTZ v. ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, http://www.supremecourt.gov/opinions/12pdf/11-1447_6j37.pdf, the
Court found in favor of the landowner out of concern for “the risk that the government
may use its substantial power and discretion in land-use permitting to pursue
governmental ends that lack an essential nexus and rough proportionality to the
effects of the proposed new use of the specific property at issue, thereby diminishing
without justification the value of the property.”

4. The initial draft of the complaint has been prepared by our attorneys and will soon be
reviewed by our full legal team. We have several plaintiff candidates who would be
appropriate for the action. We will begin contacting plaintiff candidates when we get
closer to our funding goals.
Contributions continue to be collected but additional funds will be needed before we
can commence the litigation. Landowner coalition leaders have committed to
increasing their fund raising efforts but assistance from all of our supporters will be
crucial to this effort.
Please consider sending any donation you can afford. I cannot emphasize enough
what is at stake for us all. Our mineral rights will be lost if we cannot win this
struggle! Checks can be made payable to "Landowner Defense Fund" and mailed
to:
JLCNY
PO Box 2839
Binghamton, NY 13902
Attention: Landowner Defense Fund
Donations can also be made by credit card by visiting the JLCNY’s website and
clicking on the Landowner Defense Fund PayPal Link at www.jlcny.org
The JLCNY is a 501(c)(6) non profit corporation. Contributions or gifts to the
Landowner Defense Fund through the JLCNY are not tax deductible as charitable
contributions.
Please visit our website at : http://www.jlcny.org/site/index.php/nys-landowner-
defense-donation-information for additional details about the lawsuit and donations.
Thank you for your continued support of the JLCNY. Together we will make New
York an empire state again.
Warm Regards,
Dan Fitzsimmons, President
Joint Landowners Coalition of New York, Inc.