Court Rules That New York Towns Can Ban Fracking

The ruling is a boon to the more than 170 municipalities in New York that have already passed bans or moratoriums.

2 MIN READ

Jul 4, 2014

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In a precedent-setting case decided on June 30 by the New York Court of Appeals, local communities have triumphed over the industry. The that the towns of and Middlefield can use local zoning laws to ban heavy industry, including oil and gas production within municipal borders.

Many cities and towns in New York had been waiting for the decision to establish moratoriums of their own.

“Today the court stood with the people of Dryden and the people of New York to protect their right to self determination,” said Dryden Deputy Supervisor Jason Leifer. “It is clear that people, not corporations, have the right to decide how their community develops.”

“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.”

Many other cities and towns in New York had been waiting for the decision to establish bans or moratoriums of their own. The victory also gives legal authority to the 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 , 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.”

In response to the court’s 5-2 decision, John Armstrong of and said, ”We applaud the court for once again affirming the right of New Yorkers to ban fracking and its toxic effects from their communities. … But 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 nationwide 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 has garnered more than 80,000 views.

“We did it!” said Dryden resident Deborah Cipolla-Dennis. “This victory is for everyone who loves their town and will fight to the end to protect it.”