On June 30, 2014, the Court of Appeals handed down a landmark decision, ruling that New York municipalities have the right to keep fracking out of their borders, a victory for Dryden and communities across the state. The town of Dryden had fought fracking. And, at long last, they had won.
“I thought the industry was so powerful and that there was nothing I could do,” said McRae. “Then I learned there was something I could do just by talking to my neighbors.” (in Dryden, New York)
“The town has a very strong case. Previous courts have ruled that localities retain their longstanding power to regulate land use, including by prohibiting industrial activities such as gas development in their communities. We’ll do everything we can to ensure this victory stands.”
After Dryden passed their ban more than 170 other towns in New York followed suit. The fate of those towns—and many more that hoped to pass bans—hung in the balance as the case advanced through the legal system.
As the Dryden case advanced, winning in two lower courts, other communities started to take action. In addition to the more than 170 towns in New York, communities in Colorado, Pennsylvania, Texas, Ohio and California have all taken action to protect their local communities from fracking.
Attorney Goldberg (Deborah Goldberg, EarthJustice.org, argues before the Court of Appeals on June 3, 2014) argued that the New York State Legislature had not, in a 1981 law, granted the oil and gas industry the right to override long-held zoning powers of municipalities. “The idea that this industry would get the extreme and unprecedented right that no other industry has ever received in the state of New York simply because we want to promote the oil and gas industry” makes no sense, she said. “We’re not promoting it at all costs.” Read more…
Anti-Fracking Win in N.Y. Court May Deal Blow to Industry Read more…
