Community Corner
State Court Upholds Ban on Local Hydrofracking
A mid-level appeals court ruled unanimously that local governments could ban fracking and shale-gas drilling within their borders
The state Appellate Division ruled unanimously Thursday that New York’s local governments could ban hydraulic fracturing and shale-gas drilling within their borders, upholding similar decisions last year from a lower court, reports Gannett News.
“We find that (state oil-and-gas law) does not serve to preempt a municipality’s authority to enact a local zoning ordinance prohibiting oil, gas and solution mining or drilling within its borders,” Presiding Judge Karen Peters wrote in the decision, which was endorsed by the appellate panel’s other three judges.
The decision delivers a sharp blow to the natural-gas industry and the supporters of fracking, a technique where water, sand and chemicals are injected deep underground to fracture shale and release natural gas.
The state has had a de facto moratorium on large-scale fracking for close to five years as it completes various layers of environmental and health reviews of the technique.
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