JUNE 30, 2014 ONEONTA
DAILY STAR
Towns
allowed to Ban Fracking
--- The Daily Star
Local governments in New
York have the authority to zone out gas drilling and other forms of heavy
industry, the state's highest court decided today in a 5-2 ruling that grew out
of challenges brought against fracking bans enacted by the towns of Middlefield
and Dryden.
The Court of Appeals
signaled in the majority decision that it was not focused on the merits of the
bans but on the legal authority of the towns to enact keep out drilling - a
move the industry claimed superceded their authority.
"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,"
according to the majority ruling
"This is a victory
for both home rule and our towns," Middlefield Town Supervisor David Bliss
told The Daily Star.
Middlefield's ban,
enacted in 2011, was challenged by Cooperstown Holstein Corp. The company is
owned by Middlefield dairy farmer Jennifer Huntington. She had leased her farm
land to a gas company she said was only interested in placing a conventional
gas well on her land, not an operation involving the more controversial process
known as horizontal hydraulic fracturing for natural gas trapped deep within
the earth under layers of shale.
Dryden's ban was
challenged by Norse Energy, a company based in Norway.
More than 170 towns,
cities and villages in New York have enacted either moratoriums or bans on
drilling since Middlefield and Dryden became among the first in the state to
keep out drilling.
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