Actually, after attending Democracy School in September, water protection is 
exactly the angle I am taking with gas drilling. Because the bottom line is: if 
we can't protect our water, we are all fracked. Working from the Barnstead 
Ordinance passed to declare water a community resource unavailable to 
corporations, I tailored one for the town of Danby. I'm going to present it at 
the next board meeting. The ordinance also recognizes the rights of nature, and 
does not recognize corporations as persons. 

We are prohibited from passing local laws on oil or gas extraction, thanks to 
the 1981 changes to NYS Environmental Conservation Law 23-0303:

ECL §23-0303(2) provides that DEC’s Oil, Gas and Solution Mining Law supersedes 
all local laws relating to the regulation of oil and gas development except for 
local government jurisdiction over local roads and the right to collect real 
property taxes.   

So I am approaching it from a water prospective, since we all need water to 
survive, and gas companies need a lot of water to frack the wells. If they 
can't get it in town, it will make it a lot harder for them to do business.

If anyone is interested in learning more about this approach, or in helping me, 
please contact me off list: [email protected].

Thanks,
Eric




________________________________
From: Gay Nicholson <[email protected]>
To: Sustainable Tompkins County listserv 
<[email protected]>
Sent: Fri, October 23, 2009 8:37:14 PM
Subject: Re: [SustainableTompkins] Nov 13-14 Democracy School

One of this year's Bioneers speakers talked about how Democracy School
graduates are using this to fend off bottled water companies.  I believe
local government resistance to hydrofracking might benefit from using this
proactive "upstream" approach to dealing with the impacts of gas drilling.
I urge anybody involved as a citizen leader on gas drilling to consider
going to Democracy School in November to explore this set of tools for use
on this local issue.  Of course, I recognize that with so many landowners
having signed leases there may not be the political will in most towns to
use these tools -- unlike in the communities fighting bottled water mining.
But if even a few villages or towns passed ordinances stripping corporations
of their "personhood" rights.... that would be a step in the right direction
on many fronts.

I went to Democracy School several years ago, and if you can muster the
political will in your town, this creates a whole different kind of court
case with energy companies.  Are there any municipalities in the Southern
Tier likely to have the courage to try this?

Gay


      
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