N.Y. court rules local governments can ban fracking, could set precedent

For the first time, a New York state court yesterday ruled that towns have the right to ban natural-gas drilling, overruling a state regulation that says they can't, Lena Groeger of ProPublica reports. (UPDATE, Feb. 25: A second judge ruled likewise yesterday.) The decision comes after Denver-based Anschutz Exploration Corp. sued the town of Dryden saying its ban on drilling within town limits was illegal because state law had precedent over local zoning laws, and state law "promotes the development of oil and gas resources in the state," Groeger writes. The court's decision could set national precedent for how local governments regulate gas drilling.

Supreme Court Judge Phillip Rumsey said in his decision, "Nowhere in legislative history provided to the court is there any suggestion that the Legislature intended — as argued by Anschutz — to encourage the maximum ultimate recovery of oil and gas regardless of other considerations, or to preempt local zoning authority." Groeger reports the Dryden case is just the latest in a string of conflicts from Colorado to Pennsylvania that pit local and state governments against each other. Local governments often zone industrial land, but the industry says they shouldn't be allowed to make those decisions.

Groeger reports the rights of localities against state or federal laws has been a fundamental issue in recent debate over drilling. Many local governments have continued to place bans and moratoria on drilling in the last few years despite threats of lawsuit from major corporations. Environmental attorney Joseph Heath told Groeger people feel local officials are their best protection against hydraulic fracturing, or fracking. Natural Resources Defense Council attorney Eric Goldstein told Groeger the right of local governments to govern use of their land "has been guaranteed by the Constitution for over a century." (Read more)