CBS News/ February 25, 2012, 7:44 AM

Judge: N.Y. town can ban fracking

CBS

A New York State judge ruled on Friday that a community can ban natural gas drilling within its borders, The New York Times reports.

It was the second court decision this week affirming local authority over "fracking."

Last June Middlefield, in Otsego County, passed a zoning law prohibiting heavy industry, including oil and gas drilling. A landowner, who had signed a lease granting drilling rights to a gas company sued the town.

Jennifer K. Huntington, a dairy farmer and president of Cooperstown Holstein Corporation, argued that only the state could regulate drilling. She said in her suit that Middlefield's ban denied her the economic benefits of the leases, "including the right to market [her land's] minerals, including oil and natural gas."

Acting State Supreme Court justice Donald F. Cerio Jr., decided that New York State's regulatory powers did not overrule a municipality passing a law governing land use.

Last Tuesday another drilling ban, in Dryden, was upheld in a suit brought by an oil and gas company.

© 2012 CBS Interactive Inc. All Rights Reserved.
27 Comments Add a Comment
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FrackNation says:
During our research we were shocked to discover how Josh Fox, Gasland and much of the media had not told the truth about fracking. The people who live where fracking is happening felt frustrated because of the one-sided coverage, misinformation and outright lies. The voices of those who were denied the right to develop resources on their land were silenced and those who said there was no pollution were completely ignored. FrackNation is going to change that.

To see a clip from the film that will tell the truth about fracking, please visit: http://kck.st/FrackNationClip
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erpicferl says:
how dare they want clean water! this is an obama-nation!
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waterdoc123 says:
I know. Lets pump a crap load of known carcinogen chemicals into the earth and hope for the best. I'm confident that the oil and gas companies know what they are doing.So much in fact, that they will provide "free of charge" signs warning you to test your water with a match before every use.
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dcrewell says:
Ha the funny thing is she is arguing the state should have power. But if the state was in opposition, she would argue otherwise. So silly she!

However, this woman does not understand that the risk are not hers they are everyone's in the area. So she might be making money in the case of an accident but not others. Plus what she going to do wen the earthquakes come? http://www.thedailybeast.com/articles/2012/01/03/youngstown-rocks-is-fracking-causing-earthquakes-in-ohio.html
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cbsblogger says:
These decisions should be pushed to the lowest common denominator instead having the power of local jurisdictions being usurped by crooked bribed politicians, as was done in neighboring PA.
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Fox_Rush_Parrot says:
Leave it to liberal environmentalists to hold down the progress on oil and gas independence! We need to produce more, not less!
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Overruled1 replies:
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We've been pumping more and more since President Obama took office, but he wont allow California to be polluted again, nor will he allow a potential oil river to cross our nation.
Fox_Rush_Parrot replies:
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He should allow drilling off our east and west coasts. GW had the right idea, but this goof reversed it!!!
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Samlv says:
What a horribly researched story! WHY is it that a local town has to go to court to ban this?

Because Bush made is LEGAL to do it without permission and without fear of environmental destruction penalties in the first place.

We have completely failed to teach critical thinking in our school system.
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Overruled1 replies:
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We have completely failed to teach critical thinking in our school system.
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It was planned to not teach critical thinking in our school system because it would produce informed leaders who would act on behalf of the people instead of the greedy and corporate entities.

It's part of making america's people fall into a modern middle ages
or what we call the "dumbing of America"
Fox_Rush_Parrot replies:
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@Overruled, In essance what I think you are trying to say is, ALWAYS VOTE REPUBLICAN! We can't afford four more years of foolishness!
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TheVarsityClub says:
Every county, city, and state need to follow suit until the oil and gas companies are forced to take responsibilities for their actions. The lake of regulations on these companies are mind numbing and inhumane.

See what happens if you take some old turpentine, motor oil and lead based paint and dump it in your backyard. Your neighbors are going to come unglued, yet these companies are allowed to pump toxic's into the aquifer under the umbrella of "no scientific proof" of harm.

Residents in fracking areas are forced to run fans in their bathrooms while showering because of the fumes and some can light their tap water on fire, yet the oil and gas companies claim there is nothing to be concerned about.

There are far too many politician heavily invested in the oil and gas industry.
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Lerianis4 replies:
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Well, there are a lot of regulations on these companies, actually. The problem is that 99%+ of them are ignored by these companies because we do not have full-time inspectors on the sites to make sure that they are adhering to the regulations.
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Samlv says:
What a horribly researched story! WHY is it that a local town has to go to court to ban this?

Because Bush made is LEGAL to do it without permission and without fear of environmental destruction penalties in the first place.

We have completely failed to teach critical thinking in our school system.
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J24Racer replies:
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Perhaps you need to do your own research before you spout. Take a civics class and learn the difference between federal and state sovereignty.
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P0STING_AWAY says:
by falcon2691 February 25, 2012 8:23 AM EST
I am eager to learn how the states-rights Republicans come down on this issue, since counties and cities are political subdivisions of the state. If I were to bet $10,000, it would be that the Republicans support the drillers.
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Only if it is NOT in an area populated by Repugs.
Google "Exide" and "McKinney" for the Exide Battery
drama playing out in the northern suburb of Dallas.
Since it is the children of Repugs being affected,
they are more than happy to stop the pollution being
created by the aforementioned company.
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JRC_903 replies:
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I think that a safe bet. If one is confused over exactly who/what rights the republicans are fighting for.. the easiest way to resolve that is to simply follow the money. For example, Republicans support free enterprise.. and last time i checked.. FE requires an ever increasing customer base to survive. Therefore anything the reduces the population or prevents it from increasing, threatens the rights of corporations-- Therefore in their eyes.. the rights of people do decide on the size of their family must be curtained. Abortion has NOTHING to do with religion or morals. it has everything to do with the rights of business.
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