A New York court decision has bolstered a movement among towns
determined to prevent the controversial practice of hydraulic fracturing
for natural gas within their borders.
A state Supreme Court justice on Tuesday upheld the town of Dryden's
August 2011 zoning amendment banning gas drilling. Denver-based Anschutz
Exploration Corporation, which has spent $5.1 million leasing and
developing 22,000 acres in Dryden, about 40 miles southwest of Syracuse,
had argued state law trumped the ban.
More than 50 New York communities have enacted gas-drilling bans.
Binghamton attorney Helen Slottje, who helps draft such laws, says the
ruling should embolden towns considering local bans.
"We think it's a terrific vindication of the town's right to home
rule and to decide their future," Slottje said Wednesday. "It really
should give the green light to communities that want to proceed down
this route."
Albany attorney Tom West, who represented Anschutz, said the
trial-level state court decision is likely to be appealed to the
mid-level Appellate Division and, if necessary, to the state Court of
Appeals.
"We remain confident in our position that municipalities cannot ban natural gas drilling in New York state," West said.
Another challenge of a municipal gas-drilling ban is pending in
Otsego County, where Cooperstown Holstein Corp. sued the town of
Middlefield over a ban similar to Dryden's. The lawsuit says the
landowner has leased nearly 400 acres to a gas-drilling company and the
ban would block the economic benefits of the arrangement.
New York has had a moratorium on issuing drilling permits for
horizontal gas drilling and high-volume hydraulic fracturing, or
"fracking," since 2008 while it drafts new regulations. The new
technology has allowed companies to extract previously inaccessible
natural gas from deep deposits in the Marcellus Shale, which underlies
southern New York and parts of Ohio, Pennsylvania and West Virginia.
Fracking involves injecting a well with millions of gallons of
chemically treated water at high pressure to crack surrounding shale and
release trapped gas.
No comments:
Post a Comment