NY Judge Throws Out Binghamton Fracking Moratorium
The City Council for Binghamton, NY passed a de facto drilling moratorium at the end of December of 2011, just before the all-Democrat city council was about to be reconstituted with a few new Republican members (see this MDN story). At the time, Mayor Matthew Ryan and City Council were warned of possible litigation.
The law as passed was not (according to City Council and Ryan) an actual moratorium. Instead, they used the “police powers” of the city to enact a law instead of a zoning ordinance, believing it to be a clever legal maneuver insulating them from meeting the strict requirements for a true moratorium.
Yesterday New York Supreme Court Judge Ferris Lebous threw out the law as invalid, calling it what it really is: a moratorium. A copy of the judge’s ruling is embedded below. MDN will walk you through it…
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The Joint Landowners Coalition of New York (JLCNY) is a “coalition of coalitions” representing more than 77,000 landowners throughout New York State. Consider it the official, collective voice of landowners interested in allowing shale gas drilling on their land. For many months MDN has marveled at how restrained the JLCNY has been with regard to the foot-dragging on the part of Gov. Andrew Cuomo and DEC Commissioner Joe Martens when it comes to the release of new drilling rules. MDN would “shoot from the lip” and say “Sue ‘em!” The JLCNY would calmly say, “Let the process work. In the end, we’ll have the best drilling laws in the world, and no one will be able to say we didn’t take our time and do it right.” And of course they’re correct.
Former Gannett reporter and current book author Tom Wilbur (
It’s fascinating to MDN how a single so-called researcher at a single anti-drilling organization (funded by Teresa Heinz Kerry) can write a 124-page “report” that’s critical of the shale drilling industry and the hard-working people who regulate it, and the mainstream media (MSM) swoons and heralds such shameful propaganda as an important new “study” presenting the gospel truth. Yet that’s exactly what’s happening (once again) with a just-released report from Earthworks titled, “Breaking All the Rules: The Crisis in Oil & Gas Regulatory Enforcement” (copy embedded below).