Sauce for the Goose: NY Town Considers Moratorium…on Solar!

In June 2014, New York’s highest court, the Court of Appeals, reaffirmed two lower court rulings that empowers townships and municipalities across the state to strip away property owners’ rights to allow drilling and other energy projects (see Shale Drilling in NY is Over – High Court Upholds Town Bans). NY’s high court ruled in the “Middlefield” and “Dryden” cases that local municipalities have the right to regulate energy development within their jurisdictions–where it can and cannot happen. As we said at the time, “In our opinion it means there will never be any meaningful shale drilling in New York. No driller in his right mind will roll the dice, lock up thousands of acres by spending millions of dollars, just to see it all disappear at the next town board election with a vote by 3 of 5 people.” But what’s sauce for the goose is now sauce for the gander. The Town of Delaware Town Board in Sullivan County, NY is seriously considering, and about to adopt, a one-year moratorium on solar farms. It seems a company has expressed serious interest in plastering ugly solar farms all over the beautiful countryside, and town regulations are not yet in place to control what may turn into out-of-control solar farm development. So Delaware plans to adopt a moratorium to slam the breaks on–for at least a year. Can anyone say poetic justice? This action by Delaware does not fit Lord Cuomo’s wishes. You see, in NY, only elitist snobs like Cuomo get to choose what kind of energy source we serfs who live under his rule can use. Natural gas is out, solar is in–because Cuomo wants it. Yet the Court of Appeals ruling from 2014 has now risen up to bite Cuomo and his thuggish Big Green cronies on their fat rear-ends. We love it!…

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