Quantcast
Energy

Court Rules That New York Towns Can Ban Fracking

In a precedent-setting case decided today by the New York Court of Appeals, local communities have triumphed over the fracking industry. The court ruled that the towns of Dryden and Middlefield can use local zoning laws to ban heavy industry, including oil and gas production within municipal borders. 

Helen Slottje and Deborah Goldberg stand on the steps of the Court of Appeals in Albany on June 3 shortly before oral arguments. Photo credit: Earthjustice

“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. “This would not have been possible without the hard work of many of my friends and neighbors and our lawyers Deborah Goldberg of Earthjustice and Mahlon Perkins. Today's ruling shows all of America that a committed group of citizens and public officials can stand together against fearful odds and successfully defend their homes, their way of life and the environment against those who would harm them all in the name of profit."

Deborah Goldberg argues before the Court of Appeals on June 3. Photo credit: Earthjustice

“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 Earthjustice Managing Attorney Deborah Goldberg. “For too long the oil and gas industry has intimidated and abused people, expecting to get away with it. That behavior is finally coming back to haunt them, as communities across the country stand up and say ‘no more.’ Earthjustice is proud to have stood with, and fought on behalf of, one such community.” 

Read page 1

Many other cities and towns in New York have been waiting for today's decision to establish bans or moratoriums of their own. The victory also gives legal authority to the more than 170 New York municipalities that have passed measures against fracking in their communities. Today's decision will also serve as inspiration for a growing number of localities in Colorado, Ohio, Texas, Pennsylvania and California that are hoping to stop the controversial drilling practice.

“Town by town, New Yorkers have taken a stand against fracking. Today’s victory confirms that each of these towns is on firm legal ground,” said Helen Slottje, an Ithaca-based attorney whose legal research inspired New York’s local fracking ban groundswell and who was honored with the 2014 Goldman Environmental Prize. “The oil and gas industry tried to take away a fundamental right that pre-dates even the Declaration of Independence: the right of municipalities to regulate local land use. But they failed. The anti-fracking measures passed by Dryden, Middlefield and dozens of other New York municipalities are fully enforceable.”

Residents of Dryden smile, with Helen Slottje and Earthjustice’s Deborah Goldberg and Kathleen Sutcliffe, after the high court argument in Albany. Photo credit: Earthjustice

In response to the court's 5-2 decision, John Armstrong of Frack Action and New Yorkers Against Fracking said, "We applaud the court for once again affirming the right of New Yorkers to ban fracking and its toxic effects from their communities. As Chief Judge Lippman said, you don't bulldoze over the voice of the people. But water and air contamination don't stop at local boundaries, and Governor Cuomo must ban fracking statewide to protect our health and homes from the arrogant and inherently harmful fracking industry."

The case in Dryden has attracted nation wide attention and taken on special significance. More than 20,000 people from across the country and globe sent messages to the town board, expressing support for the town through the course of its nearly three-year legal battle. An Earthjustice video depicting the town’s fight has garnered more than 80,000 views.

“We did it! This victory is for everyone who loves their town and will fight to the end to protect it,” said Dryden resident Deborah Cipolla-Dennis. “I’m proud of my town and I’m proud of the people in Fort Collins, CODenton, TX; Santa Cruz, CA; and all the others who are standing up to the oil and gas industry.” 

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Insights/Opinion
Pexels

Tackling Climate Change Requires Healing the Divide

Canadian climate change opinion is polarized, and research shows the divide is widening. The greatest predictor of people's outlook is political affiliation. This means people's climate change perceptions are being increasingly driven by divisive political agendas rather than science and concern for our collective welfare.

Keep reading... Show less
Popular
Westend61 / Getty Images

EcoWatch Gratitude Photo Contest: Submit Now!

EcoWatch is pleased to announce its first photo contest! Show us what in nature you are most thankful for this Thanksgiving. Whether you have a love for oceans, animals, or parks, we want to see your best photos that capture what you love about this planet.

Keep reading... Show less
Food
Pexels

10 Chefs Bringing Forgotten Grains Back to Life

Millets are a staple crop for tens of millions of people throughout Asia and Africa. Known as Smart Food, millets are gluten-free, and an excellent source of protein, calcium, iron, zinc and dietary fiber. They can also be a better choice for farmers and the planet, requiring 30 percent less water than maize, 70 percent less water than rice, and can be grown with fewer expensive inputs, demanding little or no fertilizers and pesticides.

Keep reading... Show less
Adventure
Háifoss waterfall is situated near the volcano Hekla in the south of Iceland. FEBRUARY / Getty Images

The Essential Guide to Eco-Friendly Travel

By Meredith Rosenberg

Between gas-guzzling flights, high-pollution cruise ships and energy-consuming hotels, travel takes a huge toll on the environment. Whether for business or vacation, for many people it's not realistic to simply stop traveling. So what's the solution? There are actually numerous ways to become more eco-conscious while traveling, which can be implemented with these expert tips.

Keep reading... Show less
Sponsored
Animals
Freder / E+ / Getty Images

Surprising Study: Orangutans Are Only Non-Human Primates Who Can 'Talk' About the Past

We already know that orangutans are some of the smartest land animals on Earth. Now, researchers have found evidence that these amazing apes can communicate about past events—the first time this trait has been observed in a non-human primate.

A new study published in the journal Science Advances revealed that when wild Sumatran orangutan mothers spotted a predator, they suppressed their alarm calls to others until the threat was no longer there.

Keep reading... Show less
Health
Suicide rates are highest for males in construction and extraction; females in arts, design, entertainment, sports and media, the CDC found. Michelllaurence / Flickr / CC BY 2.0

CDC: Suicide Rate Among U.S. Workers Increasing

From 2000 to 2016, the suicide rate among American workers has increased 34 percent, up 12.9 per 100,000 working persons to 17.3, according to a worrisome new study from the Centers for Disease Control and Prevention (CDC).

Workers with the highest suicide rates have construction, mining and drilling jobs, the U.S. health officials reported Thursday.

Keep reading... Show less
Sponsored
Energy
PG&E received a maximum sentence for the 2010 San Bruno natural gas pipeline explosion. Wikimedia Commons / CC BY-SA 3.0

Report: 90% of Pipeline Blasts Draw No Financial Penalties

A striking report has revealed that 90 percent of the 137 interstate pipeline fires or explosions since 2010 have drawn no financial penalties for the companies responsible.

The article from E&E News reporter Mike Soraghan underscores the federal Pipelines and Hazardous Materials Safety Administration's (PHMSA) weak authority over the fossil fuel industry for these disasters.

Keep reading... Show less
Politics
Nevada Test and Training Range. U.S. Air Force / Airman 1st Class Kevin Tanenbaum

U.S. Navy Proposes Massive Land Grab to Test Bombs

Friday the U.S. Navy released details of a plan to seize more than 600,000 acres of public land in central Nevada to expand a bombing range. The land under threat includes rich habitat for mule deer, important desert springs and nesting sites for raptors like golden eagles.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!