MDN Weekly Update – Sept 18, 2011: Municipal Bans on Gas Drilling
Below are the results of last week’s poll on exporting shale gas to other countries.
Should the U.S. allow shale gas to be exported?
Yes (54%, 119 Votes)
No (39%, 86 Votes)
Not sure (7%, 16 Votes)
Total Voters: 221
Should local municipalities have the power to ban gas drilling?
New York, as many of you know, has not allowed horizontal hydraulic fracturing (drilling for Marcellus and Utica Shale gas) to be begin. The state is in the “final” steps of issuing new drilling regulations. The best guess is that drilling will start sometime next year, likely within the first 3-6 months of 2012. In anticipation that drilling will begin, some townships in New York have decided to preemptively ban drilling within their borders. Problem is, there’s a couple of sentences in New York State law dating back to the 1980s that specifically disallows local municipalities from doing just that when it comes to the oil and gas industry. That is, state law supersedes local municipal laws, and any local law passed to ban drilling is technically illegal.
Local townships point out that they are allowed to restrict all other types of industrial business activity with zoning regulations, so oil and gas should be no different. Joe Martens, the new Commissioner of the NY Department of Environmental Conservation, the agency charged with regulating oil and gas drilling in the state, has the flippant attitude, “let the courts decide.” Now it seems they will.
Word of a new lawsuit came this week in Tompkins County. In August, the town of Dryden, NY, a rural bedroom community for Ithaca, NY, passed a law banning hydraulic fracturing. Anschutz Exploration has said they’re going to challenge it in court to have it overturned (see MDN’s coverage here). Who knows how long it will take to resolve this? Anschutz hopes it will be a slam dunk, no-brainer. Dryden hopes the court will see it their way. No matter who wins round one, there’s sure to be an appeal and this may ultimately drag out for years. Taxpayers in local municipalities will foot the bill for the legal costs—something not planned-for in their already-stretched budgets.
Pennsylvania allows more leeway with respect to local regulations. Municipalities can, in effect, ban drilling within their borders in PA.
Several municipalities in West Virginia have tried to ban gas drilling, most famously Morgantown, and have found the drilling industry giving them the cold shoulder (i.e., they take their money and jobs elsewhere). Most have reversed their previous bans, and in the case of Morgantown, a judge overturned the ban.
So MDN’s poll question this week wants to know what you think: Should local municipalities have the power to ban gas drilling? Register your vote along the right side of any page on the site.
Below are the most recent “top 5” lists and the calendar of Marcellus related events for the next two weeks.
Happy reading,
Jim Willis, Editor
Read More “MDN Weekly Update – Sept 18, 2011: Municipal Bans on Gas Drilling”

Hydraulic fracturing should be regulated by:
To the relief of those who oppose drilling, and the dismay of those who support it, MDN will take a vacation break for the next two weeks, starting August 22nd. We will not publish daily articles during that time. We will resume publishing on Tuesday, September 6th.
It seems the New York Times does not enjoy the same reputation it once did—at least with MDN readers. The results of last week’s poll, which asked:
The results of last week’s poll, which asked:
It’s been a few weeks since the last “weekly” update. First, a recap of the previous poll I was running. Thank you to those who voted in that poll. Here are the results:
Happy reading,
Periodically someone will email me privately, or leave a comment on an article, and ask if the MDN website is sponsored by a drilling company or pro-drilling group of some kind. My answer, which is the truth, is always the same: No! I receive no compensation of any kind whatsoever, either in money or trade or services, for what I write on this site. Zippo. Nada.
Thank you to those who voted in last week’s online poll. Here are the results:
Thank you to those who voted in last week’s online poll. Here are the results:
Thank you to those who voted in last week’s online poll. Here are the results:
MDN is pleased to announce a new site feature this week: The Weekly Poll. I’ve been around websites, building them and maintaining them, since the mid-1990s. I’ve seen polls come and polls go—most of the time they are useless. So why try a poll on MDN? Seems to me with a monthly reading audience that now exceeds 18,000 people (“uniques” as it’s called in biz), MDN has a great core of people that represent a healthy cross-section of those interested in this important topic. I think it would be good to regularly understand what people are thinking on a given drilling-related issue of the day. My intent is to drill down (pun intended) into specific issues and “take the temperature” of MDN readers.