A Little More Onion

(To read the first post on this topic, see below: "Hydrofracking - Starting to Peel the Onion")

Another layer of the hydrofracking onion: Do we have the authority to ban heavy industry, and hydrofracking in particular, in Otsego County or in any of our towns? Some residents of the Town of Middlefield are suing the town, which recently prohibited heavy industry; according to the Daily Star:

The lawsuit seeks to declare the provisions of the town's zoning law pertaining to oil and gas drilling void and in violation of New York State law, according to the release. The release states that the local ban violates New York's Environmental Conservation Law, which states that all local municipalities are preempted from passing local laws relating to the regulation of the oil and gas industries. Towns may not pass laws prohibiting oil and gas operations since the NYS Department of Environmental Conservation is exclusively charged with the obligation to regulate the oil and gas industries in New York, it continued.

This is probably a very good thing – it was going to happen anyway, and the sooner we get this issue cleared up, the better. There's no sense in pursing this whole issue if all our work ends up being ruled invalid. One more thing to keep track of.

I'm a little concerned about the State alone making the decisions about such a localized and impactful initiative. The Marcellus Shale underlies the Southern Tier and most of the Catskills, and covers an area that represents perhaps a third of the area of the state. This area, however, is represented by only seven or eight State senators – perhaps 12% of the total – and maybe thirty Assemblyment – about 20% of the NY Assembly. A vast majority of the legislators responsible for deciding about drilling in our county, then, have no investment in the quality of life and the complexities of our natural and tourist economy. You can't blame them, really, when the economic and energy benefits of drilling are laid out; they will appear to produce a benefit beyond our politically weak section of the state.

This is nothing new. Anyone who has done any public administration in rural upstate New York knows where the power centers are, and how decisions are made. It makes sense, really – the greatest good for the greatest number – but democracy also has a responsibility to protect the rights of the minority.

So even if State law does indicate that only New York State agencies and legislators have the authority to regulate drilling in Otsego County, I hope the argument will be made, as the suit progresses, that something valuable to everyone is at stake here, and that those of us whose lives are directly affected should at least have a place at the table.