Yesterday, a state appeals court upheld two towns’ bans on oil and gas drilling in separate but similar cases. The decisions were cheered by environmental and anti-fracking groups, as well by some elected officials.
One case challenged a ban in the Town of Dryden, (decision here) and the other, in the Town of Middlefield (decision here).
Essentially, a panel of state Appellate Division justices ruled that the towns did not exceed their regulatory authority by enacting the bans. Generally, the state regulates oil and gas drilling. But state courts have consistently held that local governments can exclude oil and gas drilling by saying they aren’t acceptable land uses.
Both towns are located above the Marcellus Shale and faced the possibility of hydrofracking within their borders to extract the natural gas. Town officials argued that fracking amounts to heavy industry inconsistent with community character and other local industry, especially agriculture.
Drilling industry representatives told some reporters that they plan to appeal the decisions. But they also said that the higher court is unlikely to hear the cases. The Appellate Division decisions were unanimous in both cases.
This article appears in May 1-7, 2013.
It seems humans are prone to losing their common sense. We either do not spend enough time noticing or understanding what is going on around us or we simply let ourselves say it does not matter.
Common sense tells me hydrofracking, when fully explained and understood, could not possibly take place anywhere. Surely, people would just say NO before it had a chance to get started. Fracking uses up millions of gallons of water and injects toxic chemicals into the ground….GAME OVER, right? But wait, there’s more. JOBS! Economic prosperity will come to regions of poverty. Employed people spending their wealth means success and growth for businesses. The only loser is Earth.
There are examples besides hydrofracking. Back in 1938 a patent was issued for a new process meant to ensure coal mines shored up with wood could withstand the test of time. Pressure treated lumber was born. It almost makes sense that in the dark, dangerous depths of the coal mine, the combination of arsenic, copper and chomium did not seem much like an added threat. But soon, the toxic poison arsenic made a leap into the light…your new backyard deck, your garden shed, your picnic table and your child’s jungle gym were all nearly indestructable and would last an eternity. All this time people knew that the pressure treated wood contained arsenic and no one set off the alarm bells. How could this be? How could we invite a toxic poison into our homes, yards and families?
It is happening again with hydrofracking. Concerned citizens are asking why fracking is being considered in New York. Some did not have the chance to ask this question before fracking was already in their neighborhoods. It seems we truly never learn from history. It seems common sense loses to the power of corporations and the greed of individuals. How many times must we suffer the consequences of our own making? How many times will we acquiesce because we still believe government and corporations are doing the right thing.
Common sense, history and science all say NO to fracking. What do you say?