GOOD NEWS FROM BINGHAMTON TODAY! The city joins Middlefield and Dryden for a three-hitter, with the Supreme Court upholding the city’s rights.
Binghamton Court agreed with the prior two judges that “(i) New York municipalities wishing to do so have the legal authority to pass local land use laws of general applicability to prohibit gas drilling activities within their municipal borders, (ii) such local laws are NOT ‘regulations’ within the meaning of ECL 23–0303(2), and (iii) accordingly such local laws are NOT preempted by or otherwise ‘illegal’ under ECL 23–0303(2).”
This is really solid news. It also points to the treachery — or, best case, uninformedness — of town boards that claim they haven’t got the right to ban drilling and related activities. If you live in such a community, you will want to point out to your town board that THREE JUDGES’ RULINGS now solidly support the right of town municipalities to ban fracking within their borders!
Read the entire press release, attached, or see stories that will be out in the press in the next few days.