2nd New York state judge upholds fracking ban in towns

2nd New York state judge upholds fracking ban in towns

The judge said the ruling is based on towns and cities having the right to regulate use of their lands based on local zoning ordinances.

Not bad.

Towns have been subjected to threats by companies who were claiming the municipalities had no case


By Reuters
Sunday, February 26, 2012 0:04 EST

ALBANY, New York (Reuters) – A New York state judge on Friday upheld an upstate community’s ban on gas drilling, marking the second victory this week for opponents of the drilling method known as fracking.

The authority vested in towns and cities in New York to regulate use of their land extends to prohibitions on drilling, acting state Supreme Court Justice Donald Cerio ruled on Friday, dismissing arguments by a landowner who had already sold leases on almost 400 acres.

“Municipalities are not preempted … from enacting local zoning ordinances which may prohibit oil, gas and solution drilling or mining,” Cerio wrote. “The state maintains control over the ‘how’ of (drilling) procedures while the municipalities maintain control over the ‘where.’”

See Ya in Court !

Good for the towns! Now, I wonder how long it will be for the lawyers to craft the right arguments for how fracking done xx miles FROM the town actually directly affects the town...and so should be banned as well.

I'm guessing that won't take long...and then the joining of towns to have meeting or overlapping bans for land coverage.

I see dark days for fracking and happier days for the people. Since the industry just ridicules things like the Ohio quake swarm instead of doing everything humanly possible to answer questions on it, I have no sympathy whatever for them now. Sic 'em!