Home Rule Didn’t Work in PA, So Why Would it in NY?
The headline of this post is the point of a press release issued earlier this week by the Dryden Safe Energy Coalition (DSEC), a group based near Ithaca, NY that seeks to remove the hype and emotion from the debate over hydraulic fracturing and shale gas drilling and instead provide science and facts. The DSEC issued a press release (below) which makes the point that Pennsylvania has had a lot more experience with shale gas drilling than New York and has found that a “patchwork quilt of local regulations” on the municipal level did not work, so PA replaced home rule with statewide regulations.
The DSEC says: “If local home rule does not work in Pennsylvania, it is clear it will not be workable in New York.” (Listen up, NY Republican State Senator James Seward.)
From the DSEC press release:
Read More “Home Rule Didn’t Work in PA, So Why Would it in NY?”
MDN editor Jim Willis interviewed NY State Senator Tom Libous last Friday, March 2nd. Sen. Libous is a member of Gov. Cuomo’s Hydraulic Fracturing Advisory Panel and an influential member of the NY Senate, holding the post of Deputy Majority Leader. We spoke about his recent remarks in the New York Times and whether or not his support for drilling has changed. We also spoke about the Advisory Panel’s work and where things go from here. It’s a short and informative interview, especially for New York’s landowners who are wondering whether, and when, drilling might begin in New York.
Residents who live in New York townships that can’t seem to wait to ban drilling should be aware of something. These bans are bans of all gas drilling, not just horizontal hydraulic fracturing. That’s what residents in Enfield (Tompkins County), NY found out on Wednesday at a meeting with the town attorney. The Enfield town board plans to vote to enact a one-year moratorium in late April or early May, and the moratorium is on vertical as well as horizontal gas well drilling.
A second court case decision in New York, this one in Middlefield (near Cooperstown) has ruled that local municipalities have the right to ban shale gas drilling within their borders. On Friday, Feb. 24 Acting Supreme Court Justice Donald F. Cerio, Jr. ruled that a previously passed drilling ban in the Town of Middlefield in Otsego County, NY is legal. A copy of the judge’s decision is embedded below. (Note: Thank you to an MDN reader for providing this exclusive copy of the decision that comes direct from the judge’s chambers.)
Yesterday, Tompkins County (NY) Supreme Court Judge Phillip Rumsey handed anti-drillers a first, and likely short-lived, victory. He ruled that the Town of Dryden, located near Ithaca, has the right to ban shale gas drilling. As with many legal issues, this one is complicated, so let’s take a look at the case, Judge Rumsey’s decision, and what happens next.
The Town of Caroline in Tompkins County, New York is about to pass a one-year ban on hydraulic fracturing. The question is, is it legal to do so? Attorneys who understand New York State’s oil and gas law say no.