June 30, 2014

New York ruling on fracking bans might send tremors across U.S.

The New York Supreme Court ruled Monday that towns and cities in that state can ban fracking, as cities across the country including Denton consider prohibiting the drilling technique.

New York state’s highest court ruled Monday that cities and towns have the power to ban fracking, a decision that comes as local governments nationwide are increasingly trying to use zoning laws to stop the contentious spread of drilling.

“I hope our victory serves as an inspiration to people in Pennsylvania, Ohio, Texas, Colorado, New Mexico, Florida, North Carolina, California and elsewhere,” said Mary Ann Sumner, the town supervisor of Dryden, N.Y.

The towns of Dryden, in Tompkins County, and Middlefield, in Otsego County, changed their zoning laws to ban fracking in recent years after energy companies started acquiring local leases to drill. The companies, Norse Energy and Cooperstown Holstein, sued and argued that only the state had the authority to decide whether to prohibit oil and gas activities, not individual cities and towns.

The New York State Supreme Court disagreed Monday. It decided in a 5-2 judgment to uphold the opinion of a lower state court that found cities and towns do have the power to ban fracking.

“The towns both studied the issue and acted within their home rule powers in determining that gas drilling would permanently alter and adversely affect the deliberately cultivated, small-town character of their communities,” the State Supreme Court found.

Parts of New York state sit on the Marcellus Shale, which is rich in natural gas. The state has a moratorium on fracking, which oil and gas companies are hoping Gov. Andrew Cuomo will eventually lift. Even if he does, more than 75 municipalities in New York state have banned fracking, and others have prohibited it at least temporarily.

Municipal bans are a growing phenomenon nationwide as localities target hydraulic fracturing, in which water and chemicals are pumped underground to break shale rock and release the oil and natural gas inside. Such cities and towns are often in conflict with state governments that want the revenue and the employment associated with the drilling technique, which has spurred an American oil and natural gas boom.

In North Texas, drilling opponents in Denton have petitioned the City Council to institute a ban and make the city the first in Texas to ban fracking. If the council declines to do so, the measure would go before voters in November.

The battle is especially fierce in Colorado, where the governor and oil and gas companies have sued seeking to overturn bans passed by local voters.

Pennsylvania tried to prevent its local governments from prohibiting fracking, but it lost in court. The Ohio Supreme Court is considering whether cities and towns have the right to ban the practice.

Attorneys from the environmental law firm Earthjustice helped the town of Dryden with the New York case, and they said Monday’s ruling “has sent a firm message to the oil and gas industry.”

Karen Moreau, executive director of the New York State Petroleum Council, said the ruling will pose a problem for natural gas development in her state.

“Municipal boards change hands every two years, and a constantly shifting landscape of regulatory uncertainty virtually guarantees that major long-term investments in the state’s economy cannot occur,” she said.

This report includes material from the Star-Telegram archives.

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