New York Supreme Court rules that towns can ban fracking

Hard on the heels of David Cameron’s determination to give fracking companies the right to drill under private property, New York’s Supreme Court has taken a 5-2 decision allowing towns to set up zoning laws that exclude fracking companies.

Karen Moreau, representing the Petroleum Council, insisted that the real losers were private citizens and landowners who wouldn’t be allowed to receive payoffs from the gas companies to drill on their land – a money-based judgement that left many people unimpressed.

In fact, no fracking is currently occurring anywhere in the state of New York. Six years ago, the governor suspended the activity altogether until research could address potential safety issues, and these have not yet been addressed. But with this latest ruling, towns can ensure their ‘no fracking’ zoning rules will stay on the books regardless of what the state government ultimately decides.

Localised fracking bans cannot, of course, fully protect communities, as water contamination deep underground does not respect town borders. The new legislation recognises this, and says that a town permitting fracking next to a town that has banned it will face the consequences.