Driller to NY: Stop the local fracking bans or we’ll sue

Driller to NY: Stop the local fracking bans or we’ll sue by Mary Esch, Associated Press, July 31, 2012, Star Gazette
David Slottje, an Ithaca lawyer who helps towns draft moratoriums or bans on gas drilling, said in a letter to Martens on Tuesday that since two courts have upheld local bans, DEC doesn’t have to tell the towns to repeal them. More than 30 municipalities in upstate New York have passed bans on gas drilling and more than 80 have enacted moratoriums in anticipation of DEC completing its environmental review and lifting the 4-year-old state moratorium. The actions are in response to fears that fracking, which frees gas by injecting a well with chemically treated water at high pressure to crack rock deep underground, could contaminate water supplies or cause other harm. … Denver-based Anschutz Resources took the town of Dryden to court over its ban and a Middlefield landowner sued over that town’s ban. Both laws were upheld by judges who said bans are not regulation, so the state law against local regulation of gas development didn’t apply. Albany lawyer Tom West has said the decisions will be appealed. Local control over gas drilling has also been an issue in other states in the Marcellus Shale region, which includes southern New York, Pennsylvania, Ohio and West Virginia.

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