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

QUESTIONS PRESENTED 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. i LIST OF ALL PARTIES The parties to the judgment from which review is sought is Petitioners David R. Morabito and Colette M. G. Morabito. They were a party in alll proceedings below. Respondents are the State of New York, the State of New York Department of Environmental Conservation, and Basil Seggos, Acting Commissioner, New York State Department of Environmental Conservation. PARTIES TO PRIOR PROCEEDINGS DAVID R. MORABITO and COLETTE M.G. MORABITO, Plaintiffs vs THE STATE OF NEW YORK, THE STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and BASIL SEGGOS, (ACTING) COMMISSIONER, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Defendants No. 17-CV-6853 United States District Court-Western District of New York Decision and Orders Entered on June 18, 2018 and August 7,2018 DAVID R. MORABITO and COLETTE M.G. MORABITO, Plaintiffs vs THE STATE OF NEW YORK, THE STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and BASIL SEGGOS, (ACTING) COMMISSIONER, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Defendants No. 18-2499 United States Court of Appeals-Second Circuit Amended Summary Order Entered on February 27, 2020 Il