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NY Appellate Court upholds Home Rule |
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Thursday, 02 May 2013 00:00 |
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NY Appellate Court upholds Home Rule fracking ban Landmark case critically linked to Marcellus development
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.
Today’s ruling comes after the shale gas industry appeal of a February, 2012 decision by a lower court favoring the right of local governments to ban drilling. The appeal was based on an argument that legislation amending the Oil Gas and Solutions Minding Law gave the state, not local governments, exclusive jurisdiction over wells.
In today’s appellate court ruling, the three-judge panel unanimously agreed that the oil and gas law did not reflect legislative intent to “pre-empt a municipality’s power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.”
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.
Today’s ruling comes after the shale gas industry appeal of a February, 2012 decision by a lower court favoring the right of local governments to ban drilling. The appeal was based on an argument that legislation amending the Oil Gas and Solutions Minding Law gave the state, not local governments, exclusive jurisdiction over wells.
In today’s appellate court ruling, the three-judge panel unanimously agreed that the oil and gas law did not reflect legislative intent to “pre-empt a municipality’s power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.” For the rest of the article continue to http://tomwilber.blogspot.com/2013/05/ny-appellate-court-upholds-home-rule.html
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Last Updated on Monday, 06 May 2013 20:19 |
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Citizen for Safe Energy Releases Gas Development Survey Results |
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Wednesday, 05 September 2012 11:41 |
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Citizens for Safe Energy (CSE) is pleased to announce that the results are in! Over the course of the summer, CSE partnered with Colgate's Upstate Institute to produce, and distribute a survey on residents’ opinions and perceptions on natural gas development using high-volume hydraulic fracturing. Mailed to a sampling of residents in the towns of Hamilton and Lebanon, the survey was created and then analyzed by student interns from Colgate University, with oversight by staff and professors. The results of the survey will be used to tailor local educational programming, as well as to assist elected officials in better understanding the needs of their communities when planning for the future of this industry in our region.
The survey pointed out differences in attitudes on the risks and benefits of high-volume hydraulic fracturing (hydrofracking) based on landownership status or leasing interest. The majority of residents surveyed felt that the use of high volume hyrdrofracking would negatively affect their surroundings and community, with most of the concerns centered on environmental effects.
Some residents reported that they were not well informed about the potential impacts or benefits of hydrofracking. The survey highlights those areas where the public requires further information about the process and possible effects of this industry on our region. CSE supports continued educational efforts on all aspects of high-volume hydrofracking through access to objective information from trusted sources and encouragement of a balanced and respectful community dialogue.
Citizens for Safe Energy (CSE) is pleased to announce that the results are in! Over the course of the summer, CSE partnered with Colgate's Upstate Institute to produce and distribute a survey on residents’ opinions and perceptions on natural gas development using high-volume hydraulic fracturing. Mailed to a sampling of residents in the towns of Hamilton and Lebanon, the survey was created and then analyzed by student interns from Colgate University, with oversight by staff and professors. The results of the survey will be used to tailor local educational programming, as well as to assist elected officials in better understanding the needs of their communities when planning for the future of this industry in our region.
The survey pointed out differences in attitudes on the risks and benefits of high-volume hydraulic fracturing (hydrofracking) based on landownership status or leasing interest. The majority of residents surveyed felt that the use of high volume hyrdrofracking would negatively affect their surroundings and community, with most of the concerns centered on environmental effects.
Some residents reported that they were not well informed about the potential impacts or benefits of hydrofracking. The survey highlights those areas where the public requires further information about the process and possible effects of this industry on our region. CSE supports continued educational efforts on all aspects of high-volume hydrofracking through access to objective information from trusted sources and encouragement of a balanced and respectful community dialogue.
Visit the Upstate Institute website for the survey report. |
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