David R. Morabito, et ux. v. New York, et al.

Whether the New York State Law, adopted on or about April 3, 2020, permanently banning high volume hydraulic fracturing in the State of New York is an unconstitutional Taking of the United States Constitution under the Fifth and Fourteenth Amendments.

Alternatively, whether the New York State Law, adopted on or about April 3, 2020, permanently banning high volume hydraulic fracturing in the State of New York is a violation of Due Process of the United States Constitution under the Fourth and Fourteenth Amendment.

Alternatively, whether the United States Court of Appeals-Second Circuit improperly applied or ignored the dictates and reasoning of the Court in Rosemary Knick, Petitioner v. Township of Scott, Pennsylvania, et al., 588 U.S. ____ (2019), Docket No. 17-647, held on June 21, 2019.

Alternatively, whether the New York State Law, adopted on or about April 3, 2020, permanently banning high volume hydraulic fracturing in the State of New York is a violation of interstate commerce.

Alternatively, whether the decision by the United States Court of Appeals-Second Circuit was a denial of the fundamental rights of justice in that Petitioners were not allowed to: amend their Complaint pursuant to Fed.R.Civ.P. Rule 15; the Fed.R.Civ.P. 12(b)(6) Motion should have been denied; that pursuant to the proposed simple amendments, the suit should not have been barred under the Eleventh Amendment of the United States Constitution; and that Petitioners had standing to sue Respondents.