While Pa. Lawmakers Consider Stripping Towns of Zoning Authority, a NY Town Heads to Court to Keep It
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Susan Phillips
Residents of the rural New York town of Dryden will face off in court today against Anschutz Exploration Corporation over who controls local zoning. Dryden, a town of about 14,000 people spread out over 100,000 acres, not far from Ithaca, passed a law in April that bans drilling activity. In September, Anschutz Exploration filed suit challenging the law.
The suit claims only the state has the authority to regulate gas drilling. But Drydenâs board members say industrial activity has never been permitted within the townâs limits.The case will be closely watched by both industry representatives eager to start tapping natural gas in the stateâs Marcellus Shale deposits, and by anti-drilling activists worried about environmental degradation.
Unlike Pennsylvania, New York has not yet seen drilling activity due to a temporary moratorium that is expected to be lifted soon.
Dryden farmer and planning board member Martin Hatch says he doesnât âtake kindlyâ to a company dictating what the town planners can do within their own boundaries.
âWho has the right to decide what fits into our community?â Hatch said during a press conference call. âThe people who live here? Or an out of state corporation owned by a billionaire? We think public opinion and the law is on our side.â
A lawyer for the group, Deborah Goldberg, says the stateâs court of appeals has ruled in favor of local towns maintaining their zoning rights in the past. But she says she expects this case to be considered carefully by the judge, because its the first of its kind challenging Marcellus Shale drilling and will likely set a precedent.
âWeâre hoping the trial court will recognize there is an important difference between the [local decisions over] land use, and the regulation of the technical and industrial operations of industry that is preempted by state law,â said Goldberg.
About 40 percent of Drydenâs land is leased to the Colorado based company. A statement on the Anschutz company website says the state law is clear.
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Across the border in Pennsylvania, local municipalities may find all their zoning authority over gas drilling stripped away on the wave of a new impact fee. Republican House members moved a bill through committee on Wednesday, where voting occurred strictly on party lines. While imposing an impact fee on drillers, House Bill 1950 also contains this language:
âAll local rules, regÂuÂlaÂtion, code, agreeÂment, resÂoÂluÂtion, ordiÂnance or other local enactÂments that regÂuÂlate oil and gas operÂaÂtion are hereby superÂseded and preÂemptedâŠâ
Democrats and some local authorities across the state are ânot taking too kindlyâ to the provision.