High court upholds local fracking bans

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By Cady Kuzmich

In a 5-2 ruling Monday morning, the state Court of Appeals has upheld fracking bans in the towns of Dryden and Middlefield.

The towns of Dryden in Tompkins County and Middlefield in Otsego County, were brought to court by Norse Energy Corp USA and Cooperstown Holstein Corporation, respectively. Cooperstown Holstein Corporation owner Jennifer Huntington leased 377 acres to Elexco Land Services, Inc. back in 2007. Four years later, the town of Middlefield passed zoning laws banning oil and gas drilling along with heavy industry with the "potential for large-scale environmental pollution," leaving Elexco and Huntington with unprofitable land.

Huntington and her attorney Scott Kurkoski of Binghamton argued that the municipality lacked the authority to ban gas drilling because the state's Oil, Gas and Solution Mining law preempts local zoning laws. Thomas West, who represented Norse Energy in the Dryden case made the same argument.

The court rejected the appellants' argument on the basis that the state's Oil, Gas and Solution Mining Law does not preempt local municipalities' right to regulate land use.

http://www.legislativegazette.com/Articles-Top-Stories-c-2014-06-30-88468.113122-High-court-upholds-local-fracking-bans.html

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1. New wells leak more than older ones.

http://abcnews.go.com/Technology/wireStory/fracking-study-finds-newer-gas-wells-leak-24372024

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2. Read Court of Appeals decision upholding fracking bans

http://blog.timesunion.com/capitol/archives/215892/read-court-of-appeals-decision-upholding-fracking-bans/

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3. DRILLING DIVIDE Fracking boom in Ohio shows profit and perils for New York

http://m.thedailystar.com/thedailystar/db_291684/contentdetail.htm?contentguid=yrOK17GL

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4. Court rulings shift fracking fight to local level

http://www.democratandchronicle.com/story/news/local/2014/07/06/court-rulings-shift-fracking-fight-local-level/12275211/

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5. DEC Commissioner Joe Martens “not concerned” about Senate shakeup

http://polhudson.lohudblogs.com/2014/07/07/dec-commissioner-joe-martens-concerned-senate-shakeup/