The town of Dryden in upstate New York doesn’t have foundries or auto manufacturing plants. Its residents say they cherish their trees, meadows and farms and local officials said they wanted to preserve what one called “our country way of life” when they passed zoning laws to keep heavy industry away.
So it was not surprising when the town board last year passed a ban on hydrofracking. But Dryden’s town lawyer for more than 30 years, Mahlon R. Perkins, said the court victory this week upholding the ban was more about land use rights than natural gas drilling.
The ban, he said, was actually an amendment to a local zoning ordinance clarifying that oil and gas drilling was included in the prohibition that already precluded heavy industrial activity within Dryden’s borders.
“It’s about the ability of cities, towns and villages to determine what the appropriate use of land is in their respective jurisdictions,” Mr. Perkins said. “The real issue is whether a town can say, ‘not in this town.’”
Both the gas industry and landowners who have leased their lands for drilling have vowed to continue challenging in court this and other similar bans around New York. The company suing over Dryden’s ban, the Anschutz Exploration Corporation, had already paid leaseholders $5.1 millions for access to more than 22,000 acres in the town of 14,000 people.
For now, ban supporters are rejoicing.
Dave Makar, a former member of Dryden’s five-member board who voted for the fracking ban, said plans for a celebration were underway. When he heard of the court decision Tuesday, he said, “I texted woo-hoo!”