Drilling bans have gotten some mileage here and there but, as Attorney Ken Kamlet writes on his blog, the battle has only just begun because these bans run afoul of the Commerce Clause, which means Federal courts, not state ones, may ultimately decide the issue.
Attorney Kenneth S. Kamlet, of the Binghamton law firm of Hinman, Howard & KattelI, has written a fascinating piece on the subject of local gas drilling bans on th.... It is an extremely cogent and compelling argument that logically gets at exactly what distinguishes natural gas development from other mining activity anti-gas folks just love using as their legal analogy, even though isn’t really analogous.
This law firm helped overturn Binghamton’s sham moratorium and is now fighting another in Sidney, New York. Kamlet’s piece is a must read for anyone who is serious about this issue, wherever it is being faced, whether it’s Colorado, Michigan, New York, Ohio or Pennsylvania. Food and Water Watch and assorted other big money no-growth special interests have been pursuing this strategy a number of places. Moreover, the article confirms the ultimate resolution of this issue will be in the Federal courts, not the states. New York’s Court of Appeals and Pennsylvania’s Supreme Court will be far from the final word on this subject, however they rule on the Dryden, Middlefield and Act 13 cases.