Managing Fractions: The Role of Local Government in Regulating Unconventional Natural Gas Resources - Recommendations for New York

Authors

William Yukstas, Benjamin N. Cardozo School of Law

Abstract

The note examines the regulatory challenges surrounding unconventional natural gas extraction, particularly hydraulic fracturing, focusing on the conflict between state and local authority. It argues that local governments should retain zoning power to regulate or ban drilling, as they bear the primary costs and have the capacity to address localized impacts. The analysis highlights the contrasting approaches of Pennsylvania and New York, with Pennsylvania initially attempting to preempt local zoning laws through Act 13, which was later deemed unconstitutional, while New York maintains a de facto moratorium and considers stricter regulations. The author advocates for empowering localities to negotiate Community Benefits Agreements (CBAs) to mitigate negative impacts and ensure equitable outcomes.

Disciplines

Constitutional Law | Law | Oil, Gas, and Mineral Law | State and Local Government Law

Recommended Citation

William Yukstas, Managing Fractions: The Role of Local Government in Regulating Unconventional Natural Gas Resources - Recommendations for New York, 11 Cardozo Pub. L. Pol’y & Ethics J. 563 (2013).
Available at: https://larc.cardozo.yu.edu/cplpej/vol11/iss3/6