Fracking Bans Upheld by New York Court

Fracking opponents scored two major court victories In New York State on May 2 when an Appellate Division court panel ruled unanimously that two towns can use zoning to ban fracking. Paradoxically, it could also be good for energy companies.

2 minute read

May 12, 2013, 5:00 AM PDT

By Irvin Dawid


Joe Mahoney pens a trio of articles on the court's ruling allowing the Otsego County town of Middlefield and the Tompkins County town of Dryden to ban fracking, thus upholding "home rule". It was a defeat for the energy companies that argued that only the NYS Dept. of Environmental Conservation "was empowered by the state Oil, Gas and Solution Mining Law to regulate drilling."

The earlier ruling by the NY Supreme Court that upheld Dryden's ban of fracking was reported here last February.

While the "cases will likely now wind up before New York's highest court -- the Court of Appeals", it might be better for the natural gas industry to let the rulings stand, according to Thomas West, an attorney who works for the natural gas industry and was involved in one of the court cases, writes Mahoney on May 7.

“The silver lining in this cloud is that it now gives the governor an exit strategy (to allow hydraulic fracturing in communities that have signaled they are open to it)” said West.

The legislature imposed a temporary moratorium on fracking in 2010 and the Assembly voted on May 6 to extend it for two more years. Cuomo, who has shown signs of wanting to lift the ban, may be more willing to do so knowing that those areas opposed to it could ban it, while others would benefit from new state regulations overseeing it.

The Daily Star's editorial of May 9 acknowledged West's opinion and appeared to encourage the town to consider banning the controversial procedure.

"(I)t’s essential that individual communities have the ability to protect themselves from the potential negative impacts of this process".

According to Mahoney, "an estimated 150 towns have either passed bans or moratoriums against gas excavation".

While there are populist rebellions against fracking in New York and California due to the environmental and public health concerns associated with them, other states have shown more concern with ensuring that the energy industry pays sufficient royalties and severance taxes.

Thursday, May 2, 2013 in The Oneonta Daily Star

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

7 hours ago - Diana Ionescu

Streetcar and bus stopped at station on Market Street in San Francisco with Ferry Building visible in background.

Waymo Gets Permission to Map SF’s Market Street

If allowed to operate on the traffic-restricted street, Waymo’s autonomous taxis would have a leg up over ride-hailing competitors — and counter the city’s efforts to grow bike and pedestrian on the thoroughfare.

4 hours ago - San Francisco Examiner

Parklet with wooden benches and flower boxes on street in Ireland.

Parklet Symposium Highlights the Success of Shared Spaces

Parklets got a boost during the Covid-19 pandemic, when the concept was translated to outdoor dining programs that offered restaurants a lifeline during the shutdown.

5 hours ago - Streetsblog San Francisco

Bronze statue of homeless man (Jesus) with head down and arm outstretched in front of St. Matthew Cathedral in Washington D.C.

Federal Homelessness Agency Places Entire Staff on Leave

The U.S. Interagency Council on Homelessness is the only federal agency dedicated to preventing and ending homelessness.

6 hours ago - The New York Times