A top environmental debate over the past six years has been whether New York state should allow a natural gas drilling method known as hydraulic fracturing \u2013 or fracking.\u00a0 During those six years, effectively New York State has had a moratorium on fracking.<\/p>\n
Concerns about the public health and environmental impacts from fracking have been the reasons for inaction.\u00a0 Fracking, which injects a mix of water and chemicals into the ground at high pressure to break up shale deposits and release natural gas, is very controversial<\/p>\n
But some localities, which thought that the state may ultimately approve fracking, have taken matters into their own hands.\u00a0 The towns of Dryden and Middlefield \u2013 among others \u2013 passed local zoning laws prohibiting oil and gas mining activities \u2013 including fracking \u2013 within their respective town\u2019s borders.<\/p>\n
One gas company sued to overturn Dryden\u2019s local ordinance.\u00a0 Last week, New York State\u2019s highest court, the Court of Appeals, ruled that the towns of Dryden and Middlefield can use local zoning laws to ban heavy industry, including oil and gas operations, within municipal borders.<\/p>\n
The decision bolstered the actions by more than 170 New York municipalities that have passed similar measures. \u00a0It is also likely that the top court\u2019s ruling will encourage other New York towns that have been waiting for the decision to consider their own local bans.<\/p>\n
Of course, the opposite is true as well.\u00a0 Localities could pass laws that promote fracking within their municipal borders \u2013 assuming that the state ever gives the green light to the practice.<\/p>\n
Under that scenario,the court\u2019s decision could lead to a patchwork of localities banning or allowing fracking in their communities.\u00a0 Whether such a system would encourage the oil and gas industry to proceed with fracking is anyone\u2019s guess.\u00a0 But if the state allows the practice,decisions made by local officials could have an enormous impact.<\/p>\n
The fracking industry is extremely profitable.\u00a0 Given that local elected officials rely on private donations to get elected, and they could have a financial stake in fracking decisions, what ethics restrictions exist to ensure that local decisions are free from conflicts of interest?<\/p>\n
Very few, it turns out.<\/p>\n
In New York State, three laws apply to cases like this one: first is the campaign finance law \u2013 if a local official expects to spend more than $1,000 on campaigning for office they have to create a political committee subject to state disclosure requirements.\u00a0 Campaign contributions to candidates or political parties in excess of $100 have to be disclosed.<\/p>\n
The second is the state lobbying law.\u00a0 Under that law, lobbying of localities which have 50,000 or more residents are subject to disclosure and oversight requirements.<\/p>\n
Lastly, based on a 1960s state law, municipalities must enact local ethics requirements that are at least consistent with state regulations.\u00a0 The overwhelming view is that this law is out-of-date and quite weak.<\/p>\n
Outside of those three meager requirements, localities are free to do whatever they please.\u00a0 Thus, what is increasingly the practice of the Cuomo Administration \u2013 allowing localities to make important policy decisions \u2013 is safeguarded by limited state ethics laws.<\/p>\n
Clearly, if the state goes ahead and allows localities to make fracking decisions, it must do so coupled with requirements that ensure those decisions are made on the merits alone, and not as the result of some personal or political deal.<\/p>\n
Of course, relying solely on the merits should lead local officials to take a pass on fracking.\u00a0 To be sure, fracking has proved to be lucrative for the companies involved and, in some cases, to local landowners.<\/p>\n
But there are legitimate costs to be considered.\u00a0 Any industrial-scale mineral extraction will result in environmental costs.\u00a0 And those environmental costs could be substantial.\u00a0 Once mining has begun, there is no turning back.\u00a0 Caution is the prudent approach.<\/p>\n
The Cuomo Administration must ensure that local officials are following ethical best practices when this decision \u2013 and others, like deciding whether to support a casino in a community \u2013 is under consideration.\u00a0 Far too much is at stake\u2014for the integrity of the environment and local government.<\/p>\n
That\u2019s all for now.\u00a0 I\u2019ll be keeping an eye on the Capitol and will talk to you again next week.<\/p>\n","protected":false},"excerpt":{"rendered":"
A top environmental debate over the past six years has been whether New York state should allow a natural gas drilling method known as hydraulic fracturing \u2013 or fracking.\u00a0 During those six years, effectively New York State has had a moratorium on fracking. Concerns about the public health and environmental impacts from fracking have been […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[25,86],"class_list":["post-1070","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-environment","tag-fracking"],"_links":{"self":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts\/1070","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/comments?post=1070"}],"version-history":[{"count":2,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts\/1070\/revisions"}],"predecessor-version":[{"id":1090,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/posts\/1070\/revisions\/1090"}],"wp:attachment":[{"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/media?parent=1070"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/categories?post=1070"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nypirg.org\/capitolperspective\/wp-json\/wp\/v2\/tags?post=1070"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}