Local communities have the right to decide whether or not they will allow hydraulic fracturing to mine natural gas in their communities, New York state”™s highest court ruled Monday.
The 5-2 decision from the state”™s Court of Appeals ends a yearslong court battle and could deal a crushing blow to the fracking industry, which continues to seek a foothold in the state”™s upstate region.
The decision upheld lower court rulings stemming from two lawsuits against towns that had banned fracking within their borders: Dryden, Tompkins County, and Middlefield, Otsego County. The lawsuits came from an energy company looking to drill in Dryden and from a dairy farm that wanted to lease land in Otsego to a fracking company.
New York has regulation authority over the oil and gas industry and the lawsuits argued that by banning fracking, local communities were illegally regulating the industry. According to North Country Public Radio, the town zoning did not ban the specific manner of drilling but prohibited where the drilling could take place. There are are as many as 200 similar bans on fracking in other municipalities across the state that this ruling is likely to affect, North Country reported.
The court did not rule on the merits of fracking, a form of natural gas mining that use pressurized fluid injected into the ground to fracture stone and release the resource into wells. Business advocates say fracking will bring jobs and investment to the upstate region, but environmentalists say the mining harms the environment and can pollute drinking water.
New York state currently has a moratorium on fracking as the state Health Department investigates its potential health impacts in a lengthy process shielded from public view. Gov. Andrew Cuomo has yet to take a stance on if fracking is an economic benefit or an environmental detriment and is in no rush to conclude the process, according to the The New York Times. Cuomo”™s opponent in the gubernatorial race this year, Westchester County Executive Rob Astorino, supports fracking and has touted its benefits.
New York”™s western region sits on part of the Marcellus Shale, a huge rock vein with plentiful natural gas trapped within it. Just over the border in Pennsylvania, the fracking industry has grown along the shale. State fracking advocates said Monday”™s decision could scare away potential companies from investing in New York.
Brad Gill, executive director of the pro-fracking Independent Oil & Gas Association of New York, told the Albany Times-Union that even if the state allows hydrofracking, the decision would create barriers for companies looking to break ground locally.
“It is one more nail in the coffin,” Gill told the Times-Union.
Environmental groups were quick to praise the decision. Katherine Nadea, policy director for the group Environmental Advocates of New York, said in a statement that the fracking industry has spent millions “to bully our state, even sending a team of lawyers to strip away the rights of communities who have chosen to ban fracking within their municipal lines.”
“As other states roll over for a very deep-pocketed fracking industry, communities throughout New York ”“ large and small ”“ have challenged them and won,” she said.
Kate Sinding, director of the Community Fracking Defense Project, said in a statement the decision represented “American democracy at its best.” She said, “This sends a message to all the oil and gas drillers anxiously eyeing our borders ”“ the people of New York will not be streamrolled.”
What fools the anti-fracking people are. Not only is fracking been found to be a very safe method, by Obama’s EPA no less, it has created termendous economic growth just across the state in PA and other states that have fracking. Not only has fracking created thousands of well-paying jobs, it has brought with it new state revenues, and more importantly lowered energy bills for countless hard-working Americans. Is it any wonder tens of thousands of New Yorkers leave every day to other states where they can make a living without being taxed to death? I’m ashamed to call myself a New Yorker, it’s been taken over by the loons of the left and they won’t stop until it’s too late. I’m so happy I’m in the process of moving myself and my family to Florida. Good riddens NY!