Daily Archives: April 1, 2012

Marcellus Shale and Municipal Empowerment in New York

By Zachary Kansler, Albany Government Law Review

Introduction

Natural gas deposits in the Marcellus Shale geologic formations have been a polarizing issue in New York State, spanning areas of concern including public health, environmental welfare, and municipal authority, among others.  For some, Marcellus Shale is a symbol for a movement or point of view, and for others, the extraction of natural gas deposits in Marcellus Shale formations has had a more profound effect, including families alleging that their water supply has been tainted by drilling and extraction processes known as hydrofracking.[1]  Many believe the adverse effects of hydrofracking can be addressed, and hopefully mitigated through various means, including state regulation.[2]  In addition, it is also possible that local governments may have the authority to address natural gas extraction as well. However, until recently, it was not known whether such authority existed.    Continue reading

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Filed under Energy Law, Land Use, Municipal Law, Municipal Liability, New York Court of Appeals, Technology Law