Information for local governments & their citizens
What Local Towns and Counties are doing to protect their citizens...
Gas Companies Cannot Claim "Regulatory Takings" for Gas Leases
A Tioga County court has put another coffin nail in the fanciful argument that municipal bans would result in a “regulatory takings” claims against towns that ban fracking. The court case was over a property valuation, but the court ruled that they could not assign any value to the gas under the land, since that is purely speculative; and for purposes of the tax appraisal, worthless.
Click here: Philip Simpson Esq. explains why there can be no valid takings claim for a gas lease.
Click here: Philip Simpson Esq. explains why there can be no valid takings claim for a gas lease.
Dryden & Middlefield bans upheld in court!
Read the Dryden decision for yourself here. Congratulations to the Dryden Resources Awareness Coalition and the Town of Dryden, and everyone who worked on the Middlefield case! Also, on 10/2/12 the Binghamton law was struck down based on procedural grounds, but that court too upheld the law as expressed in Dryden and Middlefield. Read the press release from the Slottjes and Joseph Heath (General Counsel for the Onondaga Nation, who lent his assistance in defending the City of Binghamton and getting this ruling).
Local Bans, Moratoria, and Movements... view the most recent map here
Look what's happened since October 2011!
|
|
For those interested in working with your Town Boards to get Fracking Protections in place:
- Cornell Cooperative Extension. Local Community Toolkit: Online Toolkit for Municipal Officials and Community Leaders*
- Local Government’s Role, Roads and Trucks, Scope of Local Authorities, Negotiating with Gas Companies, Legal Issues.
- Powerpoints: Fracking Shale Impacts on New York Towns, Frack Truck Convoys, and Fracking Fictions.
Getting Involved - All Together Now!
This will take persistent and focused work in each of our towns. This isn't coming from the State, or the Feds, it has to come from the grassroots up. Consider a small group of neighbors and friends to start, or at least a partner, find out what other towns are doing, find out how your community feels, meet regularly, seek out help, come to ShaleshockCNY meetings - we'll (all) do it together in our communities. Join the ShaleshockCNY listserv (little blue box that says join here in right lower corner) That way we can post our questions and actions to cross-pollinate.
How-to
- James Northrup in Cooperstown (and Texas) has put together a HOW-TO that seems to be working
- Introduction to the Slottje's - Community Environmental Defense Council
- Cooperstown Land Use Forum - Highly successful educational How-To attended by over six dozen elected Town Leaders from a dozen counties - Helen Slottje and Michelle Kennedy attys and Nan Salzberg Planner on Comprehensive Plans and Zoning. Gaining lots of momentum in the Southern Tier, and here in Skan so far, see articles below.
What Others are Doing
Dec 28, 2011
The Town of Brighton in Monroe County (Rochester area) votes for a 1-year moratorium.
October 24, 2011
The City of Syracuse Bans Hydrofracking through its Property Conservation Code
August 2, 2011
Town of Dryden Ban Resolution and Zoning Amendments
July 21, 2011
Town of Saugerties Petition to Ban Fracking
July 11, 2011
Town of Ithaca Zoning Amendments and Resolutions
June 15, 2011
Town of New Hartford, NY Moratorium
June 15, 2011
City of Auburn Moratorium
May 13, 2011
Town of Otsego bolsters frack ban By Tom Grace
Cooperstown News Bureau - The Daily Star
The Otsego Town Board approved by a 4-1 vote Wednesday revisions to its land-use law that strengthen a ban on gas drilling and hydrofracking within the town, according to town Supervisor Meg Kiernan. With the vote, the town board clarified the definition of "mineral extraction," an activity that has been allowed in a residential-agricultural district within the town. The law now specifies that while the removal of gravel, rock, stone, sand, fill, topsoil or "unconsolidated" minerals has been allowed, extraction of natural gas and petroleum is not permitted, she said.
Highland makes headway on gas protections
By SANDY LONG
ELDRED, NY — In ongoing efforts to protect the Town of Highland from the potential impacts of gas drilling, the town board approved several motions related to the issue at its meeting on March 15.
A motion to request the assistance of Helen Slottje, Esq. and David Slottje, Esq, of the Community Environmental Defense Council, in the review and formulation of the town’s comprehensive plan and any pertinent zoning modifications, was unanimously approved.
Two additional motions of support for resolutions aimed at restoring local control were also unanimously approved. The first relates to road-preservation securities and road-use agreements. The second seeks to preserve town land-use authority in the natural gas exploration and extraction approval process.
The town also scheduled a public hearing for the proposed local law, “Establishing a Moratorium on Natural Gas Drilling, Horizontal Drilling, Hydraulic Fracturing and Related Uses,” on April 12. The purpose of the law is to provide sufficient time for the town to complete revision of its comprehensive plan and related zoning regulations in relation to high-impact industrial uses.
The six-month moratorium would further seek to prevent potential health and environmental effects such as contamination of aquifers and fresh water supply, massive water use, transport and disposal of fracking fluids, release of chemicals used in the processes; the construction of compressor stations, power generating stations, landfills, impoundments, transportation hubs and equipment depots; the conducting of seismic surveys and operations conducted at all hours of the day and night; and any other land use or activity which could result in the degradation of the town’s environmental, natural, aesthetic and agricultural resources, local tourism, and infrastructure, or present a threat to residents’ health, safety and quiet enjoyment of their property or the conservation of the town’s natural resources.
Other hearings will be held that evening for proposed local laws related to the Cold War Veterans Exemption, false fire alarms, signing private roads and amending zoning schedules, highways and zoning signs. The hearings will be conducted in the town hall in Eldred beginning at 6:30 p.m.
Milo board will pursue ‘fracking’ moratorium
By John Christensen
The Chronicle-Express
Posted Mar 29, 2011 @ 03:36 PM Milo, N.Y. — Following the lead of Jerusalem, the Town of Milo has voted to have attorney David Foster begin procedures for drafting a moratorium designed to delay any hydraulic fracturing in gas wells until the town can adopt permanent regulations .........
Yates board reviews fracking moratorium
By John Christensen
The Chronicle-Express
Posted Mar 31, 2011 @ 03:39 PM
Yates County, N.Y. — The Yates County Planning Board unanimously approved the Town of Jerusalem’s one-year moratorium on the practice of hydraulic fracturing in natural gas wells. To go into effect upon the results of NYDEC study, the intent of the moratorium is designed to give the town enough time to draw up local regulation of the highly controversial process.
The Town of Brighton in Monroe County (Rochester area) votes for a 1-year moratorium.
October 24, 2011
The City of Syracuse Bans Hydrofracking through its Property Conservation Code
August 2, 2011
Town of Dryden Ban Resolution and Zoning Amendments
July 21, 2011
Town of Saugerties Petition to Ban Fracking
July 11, 2011
Town of Ithaca Zoning Amendments and Resolutions
June 15, 2011
Town of New Hartford, NY Moratorium
June 15, 2011
City of Auburn Moratorium
May 13, 2011
Town of Otsego bolsters frack ban By Tom Grace
Cooperstown News Bureau - The Daily Star
The Otsego Town Board approved by a 4-1 vote Wednesday revisions to its land-use law that strengthen a ban on gas drilling and hydrofracking within the town, according to town Supervisor Meg Kiernan. With the vote, the town board clarified the definition of "mineral extraction," an activity that has been allowed in a residential-agricultural district within the town. The law now specifies that while the removal of gravel, rock, stone, sand, fill, topsoil or "unconsolidated" minerals has been allowed, extraction of natural gas and petroleum is not permitted, she said.
Highland makes headway on gas protections
By SANDY LONG
ELDRED, NY — In ongoing efforts to protect the Town of Highland from the potential impacts of gas drilling, the town board approved several motions related to the issue at its meeting on March 15.
A motion to request the assistance of Helen Slottje, Esq. and David Slottje, Esq, of the Community Environmental Defense Council, in the review and formulation of the town’s comprehensive plan and any pertinent zoning modifications, was unanimously approved.
Two additional motions of support for resolutions aimed at restoring local control were also unanimously approved. The first relates to road-preservation securities and road-use agreements. The second seeks to preserve town land-use authority in the natural gas exploration and extraction approval process.
The town also scheduled a public hearing for the proposed local law, “Establishing a Moratorium on Natural Gas Drilling, Horizontal Drilling, Hydraulic Fracturing and Related Uses,” on April 12. The purpose of the law is to provide sufficient time for the town to complete revision of its comprehensive plan and related zoning regulations in relation to high-impact industrial uses.
The six-month moratorium would further seek to prevent potential health and environmental effects such as contamination of aquifers and fresh water supply, massive water use, transport and disposal of fracking fluids, release of chemicals used in the processes; the construction of compressor stations, power generating stations, landfills, impoundments, transportation hubs and equipment depots; the conducting of seismic surveys and operations conducted at all hours of the day and night; and any other land use or activity which could result in the degradation of the town’s environmental, natural, aesthetic and agricultural resources, local tourism, and infrastructure, or present a threat to residents’ health, safety and quiet enjoyment of their property or the conservation of the town’s natural resources.
Other hearings will be held that evening for proposed local laws related to the Cold War Veterans Exemption, false fire alarms, signing private roads and amending zoning schedules, highways and zoning signs. The hearings will be conducted in the town hall in Eldred beginning at 6:30 p.m.
Milo board will pursue ‘fracking’ moratorium
By John Christensen
The Chronicle-Express
Posted Mar 29, 2011 @ 03:36 PM Milo, N.Y. — Following the lead of Jerusalem, the Town of Milo has voted to have attorney David Foster begin procedures for drafting a moratorium designed to delay any hydraulic fracturing in gas wells until the town can adopt permanent regulations .........
Yates board reviews fracking moratorium
By John Christensen
The Chronicle-Express
Posted Mar 31, 2011 @ 03:39 PM
Yates County, N.Y. — The Yates County Planning Board unanimously approved the Town of Jerusalem’s one-year moratorium on the practice of hydraulic fracturing in natural gas wells. To go into effect upon the results of NYDEC study, the intent of the moratorium is designed to give the town enough time to draw up local regulation of the highly controversial process.
