Article: Fracking with propane proposed for Tioga County, NY
NY state bans hydraulic fracking because, among other reasons, it uses large amount of water.
NY state landowners contract with an energy company to frack on their land using gelled propane and sand instead.
It appears to be legal and meets currently existing environmental impact requirements.
I am not a constitutional scholar, but I wonder if a total ban of fracking would be illegal under the "illegal takings" clause of the 5th amendment. The landowners hold mineral rights, and a total ban on using them might be unconstitutional.