Judge throws out City of Binghamton’s moratorium on drilling
BINGHAMTON - A judge threw out the City of Binghamton’s moratorium on natural gas drilling late yesterday following a lawsuit filed by a Vestal-based landowners coalition and five businesses, including the owner of a stone manufacturing plant in Binghamton.
New York Supreme Court Justice Ferris D. Lebous invalidated the local ordinance, ruling that it failed to meet the criteria for a properly enacted moratorium and was based on the conjecture that drilling presents a hazardous crises that must be prevented.
It’s a small victory for hydrofracking advocates in the Southern Tier, said landowner’s rights advocate and New York Joint Landowners Coalition member Victor Furman of Greene. The ruling represents the first time a court has struck down a local law preventing or delaying natural gas drilling New York.
“You cannot stop a business from conducting business based on what ifs, and you can’t put a moratorium on something that the state already has control of,” said Furham.
The New York State Department of Environmental Conservation has been reviewing and writing new regulations that address high water volume shale drilling since 2008.
In his 15-page decision, Lebous wrote: “The court recognizes that ... there may be fierce opposition to gas exploration, extraction and storage by some members of the community. However, the city cannot invoke its police power solely as a means to satisfy certain segments of the community.”
The two-year moratorium was passed by the City of Binghamton last December without ever going through the County Department of Planning and Economic Development or being submitted to Binghamton's own planning commission.
The plaintiffs were represented by the law firm, Hinman, Howard & Kattell of Binghamton.
New York Supreme Court Justice Ferris D. Lebous invalidated the local ordinance, ruling that it failed to meet the criteria for a properly enacted moratorium and was based on the conjecture that drilling presents a hazardous crises that must be prevented.
It’s a small victory for hydrofracking advocates in the Southern Tier, said landowner’s rights advocate and New York Joint Landowners Coalition member Victor Furman of Greene. The ruling represents the first time a court has struck down a local law preventing or delaying natural gas drilling New York.
“You cannot stop a business from conducting business based on what ifs, and you can’t put a moratorium on something that the state already has control of,” said Furham.
The New York State Department of Environmental Conservation has been reviewing and writing new regulations that address high water volume shale drilling since 2008.
In his 15-page decision, Lebous wrote: “The court recognizes that ... there may be fierce opposition to gas exploration, extraction and storage by some members of the community. However, the city cannot invoke its police power solely as a means to satisfy certain segments of the community.”
The two-year moratorium was passed by the City of Binghamton last December without ever going through the County Department of Planning and Economic Development or being submitted to Binghamton's own planning commission.
The plaintiffs were represented by the law firm, Hinman, Howard & Kattell of Binghamton.
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