A central New York town can block
natural-gas drilling after a state judge, in the first test of
local laws, upheld the Town of Dryden’s ban on hydraulic
fracturing.
State Supreme Court Judge Phillip Rumsey in a ruling
released yesterday said the town’s zoning amendment on gas
drilling wasn’t pre-empted by state law. Denver-based Anschutz
Exploration Corp. sued in September, seeking to overturn the
ordinance, which bans gas and oil exploration in the town about
200 miles (322 kilometers) northwest of Manhattan.
New York placed a moratorium on the drilling process known
as hydraulic fracturing in 2010 while state regulators developed
environmental rules. Since then, about 20 towns in the state
have adopted laws to ban drilling, Karen Edelstein, a geographic
information-systems consultant in Ithaca, said.
“I think you’d call this a pretty substantial victory,”
Mahlon Perkins, attorney for Dryden, said yesterday in an
interview. “The pertinent part of it is, he declared that the
zoning amendment as slightly modified is not pre-empted by state
law.”
Tom West, an Albany attorney representing Anschutz, said
the ruling was disappointing. Anschutz has 30 days to decide
whether to appeal in state court, he said.
“These pure questions of law have a tendency to get
reviewed, and different judges can see it differently,” West
said in an interview. “We still feel very confident in our
position that the oil and gas law does pre-empt municipalities
from these types of regulation.”
Jim Monaghan, a spokesman for Anschutz, didn’t return a
phone call seeking comment.
Marcellus Shale
New York sits on the northern edge of the Marcellus Shale
formation, which may hold enough natural gas to supply the U.S.
for about seven years, according to the U.S. Energy Department.
U.S. states from Wyoming (STOWY1) to West Virginia (STOWV1) with shale are
encouraging so-called
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