By Glenn Coan, Syracuse.com
Albany – New York’s highest court has upheld the bans on natural gas drilling passed by two small Upstate towns.
It is a major decision for the future of hydrofracking in New York state, where the drilling process has been on hold for more than five years. The decision allows towns to forbid fracking and other forms of gas drilling within their borders. The state Department of Environmental Conservation is still deciding whether to allow hydrofracking in New York.
„Today the court stood with the people of Dryden and the people of New York to protect their right to self determination. It is clear that people, not corporations, have the right to decide how their community develops,“ said Dryden Deputy Supervisor Jason Leifer in a prepared statement.
The towns of Middlefield and Dryden had been taken to court over bans their town boards had instituted. Drilling companies argued that only the state could regulate gas drilling; the towns argued that under their „home rule authority“ granted by the state they had rights to control land use.
Trial judges, intermediate appeals courts and now the state’s highest court all agreed with the towns.
„The towns appropriately acted within their home rule authority in adopting
the challenged zoning laws,“ the court of appeals said today. „The zoning laws of Dryden and Middlefield are therefore valid.“
Hydrofracking opponents say that 170 municipalities in New York have banned fracking.
Anschutz Exploration Corp., of Colorado, filed the initial suit against Dryden in 2011. Anschutz withdrew after losing the first round, and Norse Energy took over the suit. When Norse filed bankruptcy last year, so the bankruptcy trustee became the plaintiff.
A former spokesman for Norse disagreed with the Court of Appeals decision.
„Given the political climate in this state I’m not entire surprised, but I am disappointed,“ said Dennis Holbrook. „There’s been a level of hysteria associated with natural gas development over the last six-plus years.“
Fracking opponents say the process pollutes water and air, emits greenhouse gases and furthers America’s reliance on fossil fuels. Advocates say tapping into gas deep below ground will boost the economy and lessen the country’s dependence on foreign oil.
The president of the Joint Landowners Coalition of New York, a group that wants fracking to be approved in New York, said he was disappointed in the decision.
„The rights of the state and its experts at the DEC to make decisions concerning the production of New York’s domestic resources has been obliterated by the court in favor of a not-in-my-back-yard mentality,“ Dan Fitzsimmons said in a statement.
The 5-2 court ruling does not affect the lengthy review process New York is still undertaking on the safety of fracking, nor does it ban fracking in New York. Communities that do not have bans on natural gas drilling aren’t affected by the ruling.
„At the heart of these cases lies the relationship between the State and its local government subdivisions, and their respective exercise of legislative power,“ the court’s majority opinion said. „These appeals are not about whether hydrofracking is beneficial or detrimental to the economy, environment or energy needs of New York, and we pass no judgment on its merits.“
Environmental groups hailed the decision.
„This decision by the Court of Appeals has settled the matter once and for all across New York state and has sent a firm message to the oil and gas industry,“ said Deborah Goldberg, an attorney for the environmental group Earthjustice.
Here is the decision issued by the Court of Appeals issued this morning*.
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* Editor’s note – Yesterday morning
