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Judge’s Ruling Complicates Hydrofracking Issue in New York
NY Times ^ | February 22, 2012 | MIREYA NAVARRO

Posted on 02/22/2012 10:40:43 PM PST by neverdem

A state judge’s decision this week supporting the rights of individual towns to determine whether to allow hydraulic fracturing has added a new wrinkle to the fight over the natural gas drilling process in New York.

Parties on all sides are trying to figure out what the ruling will mean, but a consensus emerged on Wednesday that there will be further court challenges and delays over when, how and where the process, known as hydrofracking, will be allowed in the state, and by whom.

Officials of natural gas companies voiced concern that such local restrictions could render more areas of the Marcellus Shale off-limits to drillers in a state that is already proposing strict regulation of where the industry will be allowed to operate.

Opponents of hydrofracking said they were happy to have a weapon added to their arsenal, although it remains to be seen whether the decision will stand up to further judicial review. And the State Department of Environmental Conservation, with the task of regulating the industry, said the judge’s decision would not affect their continuing review — at least not at this point.

The ruling on Tuesday, by Justice Phillip R. Rumsey of State Supreme Court, said that New York municipalities could use their zoning laws to ban oil and natural gas drilling. The decision, prompted by a lawsuit filed by Anschutz Exploration Corporation against the Town of Dryden, in Tompkins County, gives drilling opponents a new mechanism to keep hydrofracking away even if the administration of Gov. Andrew M. Cuomo allows it.

State environmental officials are reviewing proposed regulations to govern natural gas drilling to exploit the Marcellus Shale, a rich natural gas field that runs through several states.

More legal challenges against Dryden and other local governments are anticipated from a gas industry that argues...

(Excerpt) Read more at nytimes.com ...


TOPICS: Business/Economy; Culture/Society; Extended News; Politics/Elections; US: New York
KEYWORDS: energy; fracking; hydraulicfracturing; hydrofracking; naturalgas; shalegas

1 posted on 02/22/2012 10:40:50 PM PST by neverdem
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To: neverdem

Fracking is a proven technology. It has been around since 1950 without any complications.


2 posted on 02/22/2012 10:43:37 PM PST by U-238
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PG and E in California uses “fracked” natural gas from Fresno County to Northern California. In fact, they are expanding their operations because it is so successful.


3 posted on 02/22/2012 10:49:41 PM PST by U-238
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To: neverdem

it’s New York State. Nothing ever happens without a Federal Grant and 3 or 4 lawsuits.


4 posted on 02/22/2012 10:58:18 PM PST by PGR88
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To: neverdem

NY is facing deficits and pension shortfalls, they better not come to the Feds with cup in hand for bailout if they have money in the ground and refuse to mine it for revenues.


5 posted on 02/22/2012 11:01:56 PM PST by Fee
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To: neverdem
I can see it now. The soup guy as a spokesman for the oil and gas delivery co. NO GAS FOR YOU!
6 posted on 02/22/2012 11:20:39 PM PST by Domangart
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To: neverdem
Hydrocarbon based energy interfers with the PC green energy pusch and the fallacy of “peak oil”. The future is in the City and anything that challenges that assumption is deemed just wrong...people do not need to live outside Metro areas.
7 posted on 02/23/2012 12:02:27 AM PST by crazyhorse691 (Obama is just the symptom of what is destroying the U.S.)
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To: crazyhorse691

Hydrocarbon based energy interferes with the PC green energy pusch and the fallacy of “peak oil”. The future is in the City and anything that challenges that assumption is deemed just wrong...people do not need to live outside Metro areas. ————————————————————————————— I forgot to do spell check!


8 posted on 02/23/2012 12:04:53 AM PST by crazyhorse691 (Obama is just the symptom of what is destroying the U.S.)
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To: Fee

We are dieing here!

This end of NY State has nothing in the way of an economy any more. We NEED economic activity. The state needs tax revenues. We NEED jobs. People are losing their homes.

Drilling for the gas could put an end to all this.

But no, this is New York. Run by a bunch of stupid, stupid, stupid, stupid dumb stupid ignorant (did I mention stupid?) ignorant stupid dumb sonsofbitches.

Meanwhile, just a few miles away, across the border in Pennsylvania they are booming - extracting, selling and benefiting from the very same gas WE could be drilling.

But no, this is New York. Run by a bunch of stupid, stupid, stupid dumb bastards from downstate. (It bears repeating)


9 posted on 02/23/2012 12:26:41 AM PST by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
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To: Nik Naym
Meanwhile, just a few miles away, across the border in Pennsylvania they are booming - extracting, selling and benefiting from the very same gas WE could be drilling.

....Don't worry the drillers in Pennsylvania are horizontal drilling so they're probably getting your gas anyway. /sarc

10 posted on 02/23/2012 2:48:29 AM PST by Recon Dad (Gas & Petroleum Junkie)
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To: neverdem
The ruling on Tuesday, by Justice Phillip R. Rumsey of State Supreme Court, said that New York municipalities could use their zoning laws to ban oil and natural gas drilling.

One could try to trump local zoning with national energy policy, but the better avenue might be approach this from a landowner perspective. A municipality that prohibits fracking has engaged in a regulatory taking of a development right that is potentially worth very big bucks. Shouldn't landowners be compensated?

If a New York town wants to ban fracking, let it buy out all the rights.

11 posted on 02/23/2012 3:36:36 AM PST by sphinx
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To: neverdem; TenthAmendmentChampion; SolitaryMan; Dr. Bogus Pachysandra; grey_whiskers; ...
 


Beam me to Planet Gore !

12 posted on 02/23/2012 4:07:38 AM PST by steelyourfaith (Expel the Occupy White House squatters !!!)
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To: PGR88

> it’s New York State. Nothing ever happens without a Federal Grant and 3 or 4 lawsuits.

You forgot about including several unions in the matter,


13 posted on 02/23/2012 4:11:35 AM PST by BuffaloJack (Defeat Obama. End Obama's War On Freedom.)
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To: neverdem
Hey NY, good on you!

This just means more frakking, more jobs, more money in PA.

To Range Resources Cheasepeake; you guys are welcome in PA; lets get on it.

14 posted on 02/23/2012 4:57:31 AM PST by Pietro
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To: neverdem
Hey NY, good on you!

This just means more frakking, more jobs, more money in PA.

To Range Resources Cheasepeake; you guys are welcome in PA; lets get on it.

15 posted on 02/23/2012 4:57:40 AM PST by Pietro
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To: Nik Naym

“We are dying here ...”

Sooooo frustrating! My daughter and future son in law just bought rural land in Westford, Otsego County. You have to drive through the impoverished (although very charming) town of Worcester to get there. The number of anti fracking signs in the yards is simply ridiculous!! I think they are trnasplanted Long Islanders and don’t get it.

Can’t they see that their neighbors and the whole economy needs help?? I am very pro - environment but believe that the drilling can happen without ruining the environment. These people are not seeing the big picutre and feel virtuous about their small mindedness.

Sorry to rant, this ignorance is beyond annoying.


16 posted on 02/23/2012 5:28:27 AM PST by stonehouse01 (Equal rights for unborn women)
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To: neverdem

Just wait until the communities around the no fracking areas are prospering from the drilling activity.

Now if the drillers also refuse to do business with anyone in the no fracking areas...


17 posted on 02/23/2012 5:46:51 AM PST by CPOSharky (The only thing straight, white, Christian males get is the blame for everything.)
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To: neverdem

Foolish of the small towns to ban fracking.
Someone will drink their milkshake and they will get nothing.


18 posted on 02/23/2012 5:50:49 AM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: neverdem

The liberal politicians see the money from the natural gas industry in Pennsylvania.

The one thing that trumps all liberal ideology is money.

They will drill and they will run over the environmentalists to get their hands on that money.

It is inevitable.


19 posted on 02/23/2012 6:24:36 AM PST by Erik Latranyi (When religions have to beg the gov't for a waiver, we are already under socialism.)
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