local control

Mon, 2014-06-30 12:15Sharon Kelly
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In Blow to Oil Industry, New York's Top Court Upholds Local Fracking Bans

New York's highest state court ruled today that local governments have the legal authority to use zoning to bar oil and gas drilling, fracking and other heavy industrial sites within their borders. In a 5-2 decision, affirming the rulings of three lower courts, the justices dismissed challenges to fracking bans created by two towns, Middlefield and Dryden.

The case has been closely watched by the oil and gas industry in the Marcellus region and nationwide. Over 170 towns, villages and cities in New York state have crafted local moratoria or bans on fracking. Dozens more towns are expected to enact moratoria in the wake of this ruling, according to Earthworks, one of the public interest groups whose attorneys worked on the case.

Nationwide, nearly 500 local governments have enacted measures against fracking, according to Food and Water Watch which tracks local control actions, including towns in Texas, West Virginia, Pennsylvania, Colorado and California, each of which have been the focus of recent shale rushes.

The oil and gas industry had argued that allowing local control over fracking risked creating a patchwork of rules in different municipalities. Environmental groups countered that the rights of local communities to control development within their borders trumped those concerns, and that local governments had the clear legal authority to decide how development could proceed.

“On the one hand, you're saying yes, we should have a comprehensive strategy to deal with such an important issue to our state – energy,” Chief Judge Jonathan Lippman explained when the cases were argued before the court on June 3. “And on the other hand, municipalities believe (they can) determine how they're going to live. They want some voice in how they live.”

Today, less than a month later, the court's majority decided in favor of local control. “The towns both studied the issue and acted within their home rule powers in determining that gas drilling would permanently alter and adversely affect the deliberately-cultivated, small-town character of their communities,” the New York Court of Appeals wrote in its majority ruling.

Tue, 2012-12-11 04:00Sharon Kelly
Sharon Kelly's picture

Oil and Gas Industry Set to Attack Matt Damon's "Promised Land"

Next month Focus Features releases Matt Damon’s new movie and the oil and gas industry is worried sick about it.

The movie, Promised Land, is about a Pennsylvania farm town deciding whether to go forward with shale gas drilling after a team of landmen arrives in the area.

Damon plays one of these landman, who rolls into town presenting himself as a humble flannel-wearing farmboy from Iowa. Damon’s character is an ace salesman, famously good at convincing homeowners to sign away the rights to their land. But halfway through the story, he starts having ethical pangs about his profession. Damon’s internal conflicts grow deeper as he grows closer to locals.

By Hollywood standards, it’s a small film, with a budget of $15 million. The script was written by Damon and co-star John Krasinski (best known for his role as Jim in “The Office”) and is based on a story by Dave Eggers.

The drilling industry is none too pleased about the movie’s at-times unflattering portrayal of landmen and it has already geared up its attack machine to aggressively respond.

The irony here, of course, is that the industry’s plan for taking on the movie runs parallel at times to the movie itself.  It a case where art imitates life imitates art.

I will come back to this.  But first, meet Mike Knapp.

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