In what may turn out to be a landmark ruling, the right of Dryden, a New York township adjacent to Cornell University to use its zoning code to ban the controversial drilling technique known fracking was upheld by the N.Y. State Supreme Court.
Pro Publica asserts that the Feb. 21 "decision could set a national precedent for how local governments can regulate gas drilling". Fracking is not the only issue here - of equal concern is the relationship between local zoning laws and state laws governing mining.
"Last August, Dryden's town board passed a zoning law that prohibited gas drilling within the town limits. The next month, Denver-based Anschutz Exploration Corp sued the town, saying that the ban was illegal because state law trumped the municipal rules."
"In New York, the controversy over state regulation of fracking has been brewing for years. In 2008 New York effectively put drilling on hold while it launched an environmental analysis of fracking, a process that uses a mix of highly pressurized water, sand and other chemicals to crack the earth deep underground. This is the first ruling on an industry effort to use the mineral extraction law to get around local bans."
Thanks to WNYC
FULL STORY: New York Court Affirms Towns’ Powers to Ban Fracking
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