Lenape Appeals Ruling, Seeks to Overturn Frack Ban in Avon, NY
Lenape Resources Inc., a small independent oil and gas company located in western NY, and its president John Holko, have “guts.” The Town of Avon, NY (Livingston County) where Lenape has a good portion of its operations voted last year to ban fracking. The poorly written law violates existing New York State law which says towns can’t regulate oil and gas drilling. It also was so broadly written it affects conventional/vertical drilling as well as unconventional/horizontal drilling. Lenape has used vertical fracking in Avon for decades (for background, see Fracking Ban in NY Town Closes Conventional Wells Too). Lenape shut down operations in Avon and sued to have the ban overturned.
Unfortunately, in March an “acting” judge in a lower court decision (misleadingly and quirkily called “Supreme” Court in NY) supported Avon’s illegal law (see Third NY Town Wins Court Approval to Ban Fracking). Lenape has received overwhelming support from the oil and gas industry and landowners, so they’ve decided to appeal the lower court ruling to the next level up in an effort to resolve this mess for all drillers in NY:
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It’s not worth a lot more in the way of “ink”—but it is worth a final post to show how the anti-fracking side simply lies when it suits them. On Sunday, FrackNation creator/director Phelim McAleer and about 20 farmers from Pennsylvania and upstate New York shouted questions to Josh Fox and the freakish Yoko Ono as they entered the debut of Gasland Part Deux at the Tribeca film festival in New York City. The questioners were barred from entering, even though they had paid for and secured tickets (see