Father and son challenge fracking ban as violation of Fifth Amendment rights
April 16, 2026
New York City, New York; April 16, 2026: Today, a father and son filed a federal lawsuit asking the State of New York to pay just compensation after taking away all economically viable use of their property. Madison Woodward III and his son, Thomas Madison Woodward, argue that the State’s unilateral fracking ban violates the Fifth Amendment by prohibiting mineral rights holders from using their property and failing to provide compensation for that taking.
“New York can choose to leave its energy in the ground and rely on neighboring states for resources, but it cannot compel landowners to bear that burden without just compensation,” said Tyler Fry, an attorney at Pacific Legal Foundation, which represents the Woodwards free of charge. “New Yorkers, like all property owners across the country, have the right to use their property and the natural resources on their land to responsibly create energy, advance opportunity, and promote an abundant future for the next generation. Those goals should not be destroyed overnight by government fiat.”
The Woodwards own the mineral rights to a 162-acre property in New York. They are prohibited from using those rights under a 2019 executive order that banned hydraulic fracking statewide, as well as a 2024 order that further banned all alternative methods of extracting natural gas. They argue that these orders rendered their property worthless, triggering a legal obligation to pay just compensation for the taking.
“Royalty owners in New York are living the same nightmare California royalty owners face with SB 1137,” said Ed Hazard, President of the California chapter of the National Association of Royalty Owners (NARO). “Dishonest lawfare is being used to advance a politically motivated aim to eliminate oil and natural gas production. This state government overreach removes our fundamental liberties and property rights which becomes a regulatory taking.”
“New York’s prohibition on modern day extraction of oil and gas is harmful to the property owners there, including farmers, small business owners and retirees,” said John Whipkey, President of NARO East, said. “The negative economic impact of the prohibition is self-evident. We appreciate the efforts of NARO-CA and PLF to equip us to stand up for our Constitutionally-protected property rights.”
Pacific Legal Foundation represents the Woodwards free of charge. The case is Thomas and Madison Woodward, III v. Amanda Lefton.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.