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Not so sure of their ground?

August 25, 2011

So, in essence, per the multitudinous editorials, My Views, and guest columnists in last week’s newspaper, the Town of Lumberland is ready to pass zoning that in effect says no gas drilling (unless you are super double-dog-dare really serious and threaten to sue us—then it may be permissible).

The best proof of the lack of confidence The River Reporter, the leadership of the Lumberland Concerned Citizens and the attorneys from Binghamton have in their home rule legal premise is their hesitation to engage an independent attorney (or even the Attorney General’s office of NY) to review the zoning rewrite. If they were as certain as they pretend to be, a second legal opinion would be an absolute no-brainer.

Charles Petersheim
Eldred, NY

or

it could just be that since the new regs from DEP explicitly spell out that such matters are not only within the power of, but in fact the direct RESPONSIBILITY of, the municipalities, there is no reason to question anything.

As such, it appears that any challenge of such zoning would in fact be a case against the State and it's methodolgy in determining and charging responsibility, not the municipality which is only following directives handed down from the State. Again, per the current regs, it is not only within the power of, but rather specifically and unequivocally the sole responisibility of, the local governing body to zone with respect to gas drilling.

Other towns elsewhere in the state have already banned drilling, so it is not as if Lumberland is acting alone as some cavalier pioneer.

Everybody else is doing it!

Great argument, unequivocally.

So, if everyone else jumped off a cliff...

Obie would also jump and have no fear of being considered cavalier?