Home Rule

Fracking is a highly political issue, as is any issue that involves a conflict between economic and environmental forces, and in case we've forgotten that, the NY Court of Appeals recently upheld the home-rule actions of the Town of Middlefield, here in Otsego County, and Dryden, between Cortland and Ithaca. As I understand the court system, the only way to change this decision would be to appeal to the US Supreme Court.

So municipalities (in New York State, at least), have the power to decide what kind of industry they will allow within their boundaries. Sounds like a simple position, and it certainly makes sense, but politics does funny things to sense. You may remember the County Board vote supporting home rule last year, when a large minority of the Board voted against the ability to choose for ourselves. 

But now that there's some stability to the notion of home rule here in NY, the rules, so to speak, change. Some have argued that the decision gives Governor Cuomo some political breathing room to approve fracking, ending the years-long statewide moratorium, since municipalities now have the right to decide otherwise.  Others suggest that the gas industry will be less willing to develop drilling strategies in an region that is a checkerboard of differing regulations.  The decision will certainly take some of the pressure off state regulators who, if the NY experience is anything like other states, will not be given the resources to ensure any kind of quality oversight.

I think it's a win for democracy – the kind of democracy that most of us participate in and feel comfortable with: local government. Neighbors and fellow-townspeople will get together to decide what's best for them. They'll know their town, and take their local knowledge into account. They can change their mind if they want. 

Gas and oil companies will survive and flourish, regardless. I have little patience for the argument that we can't make it more difficult for corporations to do their jobs. Inflexible companies will wither, and resilient companies will make adjustments and succeed – just as they have for centuries. Under no conditions is it acceptable to relinquish our autonomy in order to protect the profits of ultra-wealthy international corporations.