New York Appeals Court Gives "Home Rule" a Victory
From Shale Gas Review:
Further from the article:
Read the rest of the article here. Read another report on the decision here.
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New York’s anti-fracking movement scored a critical victory today in a landmark case testing the right of local governments to ban fracking.
In a much-anticipated decision, the state’s Third Appellate Division upheld a ruling giving local governments authority to ban the controversial practice of unconventional drilling and well-stimulation techniques – including high volume hydraulic fracturing -- to extract petroleum from bedrock.This decision is interesting in light of some similar legal challenges that are looming in Ohio for communities that want to undercut state laws by enacting local zoning regulations that would ban drilling. An appeals court in Ohio has already ruled that local communities cannot take these sorts of actions.
Further from the article:
Absent a successful appeal, according to [industry attorney Tom] West, the prospects of large scale shale gas development in New York are dim. “This sends a signal to the industry that New York is not stable,” he said. “You can invest millions of dollars to lease in New York and be at the mercy of a 3-2 town hall vote.”
Which is exactly why grass roots activist like it. Local control of the gas industry is a “David and Goliath battle,” said Branigan. “This decision shows that our democracy in New York State still works.”No doubt many would counter that statement by saying that the "democracy in New York State still works" as long as you're not one of the many landowners in one of these communities who could badly use lease bonus and royalty money and would welcome drilling on your land.
Read the rest of the article here. Read another report on the decision here.
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