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Gas Company Sues Town Over Drilling Ban

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Anchutz Exploration Corp, says it will file a lawsuit in New Supreme Court in Tompkins County to strike down a natural gas drilling ban imposed in Dryden NY. Dryden is one of 15 municipalities across the state that have changed zoning regulations or passed legislation to ban hydraulic fracturing either temporarily or permanently, The Ithaca Journal has reported.

According to the Department of Environmental Conservation, a court will have to decide if the towns ban will hold, as a clause adopted in the 1980s  environmental laws gives the state power to regulate the oil and gas industry’s use of roads.

Dryden’s Town Board unanimously approved a zoning law change in August, expressly prohibiting any gas exploration, extraction, or storage.

Assemblywoman Barbara Lifton says she would like to see Legislature pass a bill that would clarify state laws. “Changing local zoning is not to regulate the industry,” Lifton said. “It’s saying where certain things can happen and if they can happen there. That’s different from deciding what kind of fracking fluid they use or what kind of container they have to put the fluid in.”

Recently in West Virginia, a state judge overturned a ban in Morgantown because state regulations trumped it.

 

 

 

breakinglawsuitnews.com disclaimer: This article: Gas Company Sues Town Over Drilling Ban was posted on Thursday, September 15th, 2011 at 8:03 pm at breakinglawsuitnews.com and is filed under Toxic Substances Lawsuits.

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