NY Fracking Ban Challenged as Unconstitutional Taking in Federal Court

A new federal lawsuit claims New York’s fracking bans are unconstitutional regulatory takings.

On April 17, 2026, plaintiffs Thomas Woodward and Madison Woodward III filed a lawsuit in the U.S. District Court for the Northern District of New York, contending that state-level bans on high-volume hydraulic fracturing and related extraction methods amount to an unconstitutional taking under the Fifth Amendment. The complaint alleges these prohibitions deprive property owners of productive use of their land, infringing on established property rights. (Bloomberg Law)

• The state’s restrictions include bans on hydraulic fracturing (fracking), carbon dioxide fracturing, and propane gel fracturing—regulation justified by environmental and health concerns.
• Plaintiffs argue the legal framework should “govern the manner of extraction... not to prohibit extraction altogether.”
• The lawsuit seeks a ruling deeming these bans unconstitutional both on their face and as applied to their property, plus an injunction blocking enforcement.
• The complaint cites Pennsylvania Coal Co. v. Mahon (1922), where the U.S. Supreme Court recognized that a regulation which severely reduces the value of private property can constitute a taking requiring government compensation.

New York’s fracking bans have sparked repeated legal and policy conflict. Proponents highlight public health justifications, while opponents, like the Woodwards, frame them as infringements on property and economic rights. The court’s decision could have broad ramifications for state regulatory authority and the boundaries of the Takings Clause.