March 3, 2015
Posted on Nov 20, 2012
By Ellen Cantarow, TomDispatch
Anthony Ingraffea of Cornell University’s Department of Engineering, co-author of a study that established the global warming footprint of the industry, calls this new form of fracking an unparalleled danger to the environment and human health. “There’s much more land clearing, much more devastation of forests and fields. . . thousands of miles of pipelines. . . many compressor stations [that] require burning enormous quantities of diesel. . . [emitting] hydrocarbons into the atmosphere.” He adds that it’s a case of “the health of many versus the wealth of a few.”
Against that wealth stands a movement of the 99%—farmers, physicists, journalists, teachers, librarians, innkeepers, brewery owners, and engineers. “In Middlefield we’re nothing special,” says Kelly Branigan, a realtor who last year founded a group called Middlefield Neighbors. “We’re just regular people who got together and learned, and reached in our pockets to go to work on this. It’s inspiring, it’s awesome, and it’s America—its own little revolution.”
Last year, Middlefield became one of New York’s first towns to use the humblest of tools, zoning ordinances, to beat back fracking. Previously, that had seemed like an impossible task for ordinary people. In 1981, the state had exempted gas corporations from New York’s constitutionally guaranteed home rule under which town ordinances trump state law. In 2011, however, Ithaca-based lawyers Helen and David Slottje overturned that gas-cozy law by establishing that, while the state regulates industry, towns can use their zoning powers to keep it out. Since then, a cascade of bans and moratoria—more than 140 in all—have protected towns all over New York from high-volume frack drilling.
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“I’m very skeptical that multinational corporations have the best interests of communities at heart,” Don Barber, Caroline’s Supervisor, told me recently. “The federal government sold [Americans] out when they exempted fracking from the Clean Water and Air Acts,” he added. “Federal and state governments are not advocating for the civil society. There’s only one level left. That’s the local government, and it puts a tremendous load on our shoulders.”
Caroline’s Deputy Supervisor, Dominic Frongillo, sees local resistance in global terms. “We’re unexpectedly finding ourselves in the ground zero for climate change,” he says. “It used to be somewhere else, mountaintop removal in West Virginia, deep-sea drilling in the Gulf of Mexico, tar sands in Alberta, Canada. But now…it’s right here under our feet in upstate New York. The line is drawn here. We can’t keep escaping the fossil fuel industry. You can’t move other places, you just have to dig in where you are.”
Two years of pre-ban work in Caroline included an election that replaced pro-drilling members of the town board with fracking opponents, public education forums, and a six-month petition drive. “We knocked on every single door two or three times,” recalls Bill Podulka, a retired physicist who co-founded the town’s resistance organization, ROUSE (Residents Opposed to Unsafe Shale Gas Extraction). “Many people were opposed to gas-drilling but were afraid to speak out, not realizing that the folks concerned were a silent majority.” In the end, 71% of those approached signed the petition, which requested a ban.
On September 11th, a final debate between drilling opponents and proponents took place, after which Barber called for the vote. A ban was overwhelmingly endorsed. “For the first time,” he told the crowd gathered in Caroline’s white clapboard town hall, “I will be voting to change the balance of rights between individuals and civil society. This is because of the impacts of fracking on health and the environment. And the majority of our citizens have voted to pass the ban.” The board then ruled 4 to 1 in favor.
About a year and a half ago, as Caroline and other towns were moving to protect their land from the industry, XTO, a subsidiary of Exxon-Mobil Corporation, began preparing for a possible fracking future in the state. It eyed tree-shaded, Oquaga Creek, a trout-laden Delaware tributary in upper New York State’s Sanford County, leased the land, and applied to the Delaware River Basin Commission (DRBC) for a water-withdrawal permit. XTO required, it said, a quarter of a million gallons of water from the creek every day for its hydraulic fracturing operations.
Delaware Riverkeeper, an environmental organization, found out about the XTO application and spread the word. Within days, the DRBC received 7,900 letters of outrage. On June 1, 2011, hundreds of citizens, organized by grassroots anti-frackers, packed a hearing in Deposit, a village in Sanford Township that lies at the confluence of the creek and the western branch of the Delaware River. Only two people spoke at the meeting in favor of XTO. One was the Supervisor (mayor) of Sanford, Dewey Decker. He applauded the XTO application and denounced protestors as “outsiders.” He is among a group of landowners who have leased land to XTO for hundreds of millions of dollars. (Decker refused to be interviewed for this article.) The rest of the crowd spoke up for the creek, its fish, and its wildlife. The Delaware River Basin Commission indefinitely tabled the XTO application.
While a grassroots victory, the episode also served as a warning about how determined the industry is to move forward with fracking plans despite the state-enforced moratorium still in place. As a result, Caroline and other towns are continuing to develop local anti-fracking measures, since they know that the 2010 ban on the process will end whenever Governor Cuomo okays rules currently being written by the Department of Environmental Conservation (DEC).
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