From the NY Times:
New York Judge Rules Town Can Ban Gas Hydrofracking
By MIREYA NAVARRO
Published: February 21, 2012

In a victory for opponents of the drilling process known as hydrofracking, a New York State judge ruled on Tuesday that the upstate town of Dryden in Tompkins County can ban natural gas drilling within its boundaries.

Connect with us on Twitter for breaking news and headlines in New York.

In August, Dryden’s Town Board used its zoning laws to pass a drilling ban, one salvo in a battle that is playing out nationwide as energy companies move to drill in densely populated areas. A month after the ban’s passage, Anschutz Exploration Corporation, a Colorado driller with 22,200 acres under lease in the town, filed a lawsuit arguing that the town’s authority did not extend to regulating or prohibiting gas drilling.

In a decision issued on Tuesday, Justice Phillip R. Rumsey of State Supreme Court said that state law does not preclude a municipality from using its power to regulate land use to ban oil and natural gas production. The ruling is the first in New York to affirm local powers in the controversy over drilling in the Marcellus Shale, a gas deposit under a large area of New York, Pennsylvania and Ohio.

It is a victory for hydrofracking opponents as New York State regulators revise an environmental impact document and propose drilling regulations to decide whether to allow the drilling and under what conditions. Dozens of other municipalities in New York have also adopted drilling bans and limits.

“The communities targeted for drilling need the power to determine for themselves when, where and if fracking is permitted,” Katherine Nadeau, the water and natural resources program director for Environmental Advocates of New York, said in a statement. She said the ruling would energize “the dozens, if not hundreds, of cities and towns concerned with industrial gas drilling.”

The Dryden case, however, is sure to prompt further litigation. Thomas West, the Albany lawyer representing Anschutz, said the company might appeal or instead pursue a “takings” claim against the town — based on the principle that private property should not be taken without just compensation. Mr. West said the company had spent more than $5 million securing land leases from Dryden property owners and could claim the lost value of its assets, including any profits it would have derived from exploiting the mineral rights under the land.

“It could be a very large claim,” he said.

Efforts on Tuesday night to reach lawyers for the town of Dryden, with a population of about 14,000, were not immediately successful.
A version of this article appeared in print on February 22, 2012, on page A21 of the New York edition with the headline: New York Judge Rules Town Can Ban Gas Hydrofracking.

–

GDACC/ Shaleshock CNY Sponsor Release of Anti-Fracking CD

Contacts: Colleen Kattau (CD creator) 607 745-3192 colleenkattau@gmail.com
Jim Weiss (GDACC) 607 849-3687 jandjweiss@frontiernet.net
Lindsay Speer (Shaleshock CNY/NOON) 315 475-2559 lspeer@mrss.com

Central New York—Shaleshock CNY, Gas Drilling Awareness for Cortland County (GDACC) and Neighbors of the Onondaga Nation (NOON) announce the release of “Singing Clear: Clean earth, air, water ‘round here”, the first CD that features songs about hydrofracking as well as other topics about energy and the environment. The songs are written and performed by numerous local musicians and groups including Driftwood, The Horseflies, Thousands of One, national touring artist Marie Burns of the Burns Sisters, Bev Grant, and Colleen Kattau.

“Music has been one of the most powerful forces in social justice movements throughout American history. This CD continues that inspiring tradition,” said GDACC member Jim Weiss.”

The CD is professionally produced and was mastered in kind by Jocko Randall at More Sound Studio, Syracuse. The 14 cuts on the CD are of diverse musical and performance styles with moods ranging from reflection to outrage to humor. Approximately half of the songs deal directly with hydrofracking while the remaining ones speak to fossil fuels, clean energy, and social justice, underscoring the connections between environmental issues throughout the Americas.

“We are thankful for all of the artists who have contributed to this project,” stated Lindsay Speer, a community organizer with Shaleshock CNY and Neighbors of the Onondaga Nation. “Now we can dance as we work to protect NY from hydrofracking and shale gas drilling!”

Proceeds from the sale of the CD will go to support these three groups, working together to protect NY from hydrofracking. In Syracuse the CD is available for sale at the Syracuse Cultural Workers at 400 Lodi St. in Syracuse and the Syracuse Peace Council.

In Cortland, this disc may be purchased at The Blue Frog, Oh My Goodness Health Food Store, and other locations Up-to-date information about purchasing a copy of the CD can be also found on the Shaleshock CNY website at shaleshockcny.org or GDACC at gdacc.wordpress.com. Songs can also be downloaded online at http://bit.ly/SingingClear .

################
Shaleshock CNY aims to bring together the variety of people and groups working on the issue of hydrofracking so that we can share information and work to protect our communities.
Neighbors of the Onondaga Nation is a grassroots organization of Central New Yorkers which recognizes and supports the sovereignty of the traditional government of the Onondaga Nation. It is a program of the Syracuse Peace Council. NOON collaborates with the Onondaga Nation in their initiatives to promote environmental healing and restore respectful relationships between the governments of our Nations.

GDACC is a group of residents who are concerned about gas drilling and its potential impacts on our community, health and environment. Our goal is to educate ourselves and the community about gas drilling, and to promote a safe and clean environment.