Posted on 07/02/2014 5:37:06 AM PDT by thackney
"Crisis" may be a little hyperbolic. But shale production of oil and gas in America suddenly got a lot riskier this week.
That's because of a landmark decision from one of the highest state courts in the land. Upholding the right of individual towns to regulate shale drilling, trumping state or federal regulatory regimes.
The ruling came down yesterday in New York. Where the State Court of Appeals voted 5-2 to reject challenges to fracking rules imposed on the oil and gas industry by two municipalities in the state: Dryden and Middlefield.
The saga started in 2011. When the two towns amended their zoning laws to prohibit fracking--citing the technique as a risk to the "health, environment and character" of the communities.
Would-be local drilling companies took issue. And filed suit against the town councils, looking to overturn the rules on the grounds that state rules should preempt local regulations.
But that argument has now died on the table. A lower court previously rejected the drillers' arguments, finding that municipalities indeed have the right to regulate drilling within their boundaries. And this week's decision exhausts the final appeal in the case--siding once and for all with local officials.
In the case of New York the effect is somewhat moot. Given that the state has had a complete moratorium on fracking in place for years--with no development of shale resources having yet taken place.
But the implications of the case for other shale-producing regions are critical. With the decision setting a precedent that will now be more difficult to argue anywhere in the country.
This will likely give towns much greater power in setting their own rules going forward. Potentially leading to more anti-fracking rules in places like Pennsylvania and Ohio--where a number of states have recently made such moves.
It looks like this patchwork of regulation is only going to get more fragmented. We'll see what the ultimate effect is on drilling and production.
Here's to acting local,
Both "First" and "Crisis" is definitely off.
In the case of New York the effect is somewhat moot. Given that the state has had a complete moratorium on fracking in place for years
Somewhat moot? I would say entirely meaningless.
If I was the Electric Grid Czar these 2 would be the first to go black for the coming brown-outs.
Not “one of the highest courts in the land.” It’s a NY court.
If NY wants to repeatedly shoot itself in the foot, fine. Texas and North Dakota have shale, too.
Exactly along the lines of my thinking - May they freeze to death in the dark while cursing their stupidity!!
My own opinion is this:
If a state or a municipality wants to regulate within it’s area of responsibility then so be it. That’s their choice...
But it does NOT give them the right to demand other states or municipalities resources in time of crisis just because they need ‘it’. They chose to turn away from a resource or an opportunity that does not give them a claim to other locales resources that made different choices.
In other words people; you make your bed, you sleep in it. If you shit in it, you cannot demand that other people give you their beds because of your own decisions.
Or to be even more specific... We ran out of Gas, propane, diesel or electricity. So you must give us yours... It’s only fair!
This really isn’t that ‘groundbreaking’....the notion that local cities and counties can pre-empt state law (usually in a more restrictive fashion) is known as “Home Rule”.
That’s already in place, so this case didn’t change anything...just affirmed it.
Home Rule also applies to states pre-empting federal laws in the same manner.
Actually a good ruling, IMHO. If it allows some morons in NY and PA to stop local drilling, that’s their prerogative....I’d bet not a lot of towns in Texas will follow suit though.
Noo Yawk don’t need no fracking/drilling or oil...They’s all got jobs...They’s all rich and self sufficient...Noo Yawk is a worker’s paradise...Jus’ axe thu mayor and gov....
Nah, it is not extortion.
It would be extortion if they planned to let them build it after the kick-backs.
Too many of these folks don’t see they are hurting themselves but won’t quit protesting even after it goes cold and dark.
That would never happen.
>Upholding the right of individual towns to regulate shale drilling, trumping state or federal regulatory regimes.<
.
“Reason” with individual towns — show’m the money.
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