Read

User menu

Search form

New York Town is Sued for Banning Fracking Discussion

New York Town is Sued for Banning Fracking Discussion
Wed, 2/13/2013 - by Mary Esch
This article originally appeared on AP

ALBANY, N.Y. (AP) — Two environmental groups filed a federal lawsuit on Tuesday against an upstate New York town, claiming it violated residents’ right to free speech by banning discussion of natural gas drilling at town board meetings.

The town board in Sanford, about 100 miles southwest of Albany in Broome County, passed a resolution in September saying there already had been hours of public comment for and against gas drilling and that no further discussion would be allowed during board meetings, although residents could still submit comments in writing.

“If people are silenced by their own elected representatives, how can they trust them to act in their best interests?” said Natural Resources Defense Council attorney Kate Sinding as her group announced the U.S. District Court lawsuit. NRDC and Catskill Citizens for Safe Energy filed the lawsuit on behalf of town residents who are members of their groups.

Herbert Kline, a Binghamton attorney who represents Sanford, said Tuesday that the resolution was supported by an opinion from the state Committee on Open Government. He said he hadn’t seen the lawsuit yet.

“People who were against fracking had, in the minds of the town board, monopolized discussion in the public participation portion of prior meetings to the extent that very little other business could be accomplished,” Kline said in explaining what led to the resolution.

Natural gas development using high-volume hydraulic fracturing, or fracking, is a major political issue in the state, with Gov. Andrew Cuomo expected to decide soon whether to lift a 4 1/2-year-old moratorium on it. Residents for and against development have packed town board meetings for months, with opponents succeeding in persuading boards in dozens of towns to enact bans or moratoriums.

Supporters of drilling, including landowners who hope to sign lucrative leases with gas companies, have persuaded many other towns to pass resolutions supporting the state Department of Environmental Conservation in whatever decision it makes on regulating drilling.

The Sanford town board has passed several resolutions in favor of gas drilling. Town Supervisor Dewey Decker also sent a letter to Cuomo in September urging him to move forward as soon as possible with shale gas development.

The town is in the southern part of the state near the Pennsylvania border, where the gas-rich rock formation known as the Marcellus Shale is most likely to see the first drilling activity if the ban is lifted.

“They shut down public speaking,” said Susan Bishop, a Sanford resident who said there had been a lot of confrontation at meetings over the issue. “I feel it is an absolute violation of our rights. It can’t be allowed to stand.”

Mike Musante, a fracking opponent, said people on both sides of the issue walked out of the meeting when the resolution was passed, “because there was no point in being there.”

Before gas drilling became an issue, only a handful of people would attend board meetings, Musante said. But recently there have been about 40 people on each side of the issue speaking out.

“It’s extremely divisive,” he said. “There are some well-placed families, including our town supervisor, who have signed leases with signing bonuses in the millions of dollars. And there are smaller landowners who are opposed.”

The lawsuit is seeking to have the speaking ban lifted and to recover legal fees related to the court action.

3 WAYS TO SHOW YOUR SUPPORT

ONE-TIME DONATION

Just use the simple form below to make a single direct donation.

DONATE NOW

MONTHLY DONATION

Be a sustaining sponsor. Give a reacurring monthly donation at any level.

GET SOME MERCH!

Now you can wear your support too! From T-Shirts to tote bags.

SHOP TODAY

Sign Up

Article Tabs

From a pro-democratic perspective, civil society and new media organisations are surging in the aftermath of the Orban regime.

The country’s new prime minister, Andy Burnham, has promised a break from the politics of the last 40 years—realizing more broadly that Labour must stand up for the 99% against big business, or the party will become irrelevant.

The tragic shooting of Lorenzo Salgado Araujo is just the latest example of ICE having a fundamental disrespect for human life — further proving why the agency should be stripped of funding and shut down, and its rank-and-file agents and leadership prosecuted.

While the U.S., EU and their allies are enabling Rojava—the strongest force against Islamic State— to fall, it is vital for internationalists to continue to support this beacon of democracy and liberation.

June 23, 2026 may be remembered as the beginning of the end of the Democratic Party establishment.

The current wave of food recalls is a direct byproduct of President Donald Trump’s administration deliberately removing the safeguards put in place aimed at protecting American consumers more than a century ago.

From a pro-democratic perspective, civil society and new media organisations are surging in the aftermath of the Orban regime.

We can still celebrate success while simultaneously putting a cap on net worth.

The country’s new prime minister, Andy Burnham, has promised a break from the politics of the last 40 years—realizing more broadly that Labour must stand up for the 99% against big business, or the party will become irrelevant.

Much like the resistance to AI data centers, the opposition to Flock surveillance cameras has brought the left and the right together against billionaires who are trying to force America into becoming even more of a police state.

Much like the resistance to AI data centers, the opposition to Flock surveillance cameras has brought the left and the right together against billionaires who are trying to force America into becoming even more of a police state.

Posted 1 month 3 weeks ago

The country’s new prime minister, Andy Burnham, has promised a break from the politics of the last 40 years—realizing more broadly that Labour must stand up for the 99% against big business, or the party will become irrelevant.

Posted 1 month 3 weeks ago

We can still celebrate success while simultaneously putting a cap on net worth.

Posted 1 month 1 week ago

The current wave of food recalls is a direct byproduct of President Donald Trump’s administration deliberately removing the safeguards put in place aimed at protecting American consumers more than a century ago.

Posted 2 weeks 4 days ago

From a pro-democratic perspective, civil society and new media organisations are surging in the aftermath of the Orban regime.

Posted 2 weeks 6 days ago

From a pro-democratic perspective, civil society and new media organisations are surging in the aftermath of the Orban regime.

The current wave of food recalls is a direct byproduct of President Donald Trump’s administration deliberately removing the safeguards put in place aimed at protecting American consumers more than a century ago.