2nd New York state judge upholds fracking ban in towns

[Agony]

9. IOW "Home Rule" rules and communities get to determine their own destiny. from the court ruling

NYSDEC gets to say how drilling happens wherever municipalities choose to allow it to happen.

If you do not want fracking in your NY neighborhood get your local government to ban it. Get your Comprehensive Plan in order and Zone fracking (heavy industry) out of your town. Don't count on Cuomo being any help...

Here are a couple of para's from the court ruling...

"Similarly, here, the defendant's Zoning Law is an exercise of the municipality's constitutional and statutory authority to enact land use regulations even if such may have incidental impact upon the oil, gas and solution drilling or mining industry. The Zoning Law does not conflict with the state's interest in establishing uniform policies and procedures for the manner and method of the industry or does it impede implementation of the state's declared policy with respect to these resources.

•••

Therefore, it is evident that the supersession clause contained with ECL §23-0303(2) does not serve to preempt a local municipality such as defendant from enacting land use regulation within the confines of its geographical jurisdiction and, as such, local municipalities are permitted to permit or prohibit oil, gas and solution mining or drilling in conformity with such constitutional and statutory authority."

Cheers
Agony