The Sullivan County  Legislature unanimously banned  hydro-fracking on County property and “memorialized the  United States Senate and House of Representatives to amend appropriate federal laws to protect the environment and the public from risks associated with hydro-fracking.”

PUBLIC COMMENT:

(During the public comment period, all but one speaker addressed the  drilling items.)

To start, Alice Diehl said,  “There have been six  generations on Diehl farms.  Our children and grandchildren want to farm.  One  of my grandsons is buying equipment.  He has his herd started.  I feel compelled because of him to come here today and let you know how we feel about  our farming  future. Gas drilling is a really bad idea.  It might bring revenue but there are other ways.  Once our aquifers are breached, that’s the end.  We can’t farm with toxic  water  and we don’t want to move.  You people are responsible for the health and well-being of  our residents.”

John  Kavaller,  a local real estate agent and long-time businessperson in Sullivan County, described himself as  a reluctant speaker.  “You really are arbiters for the pubic good and you have a lot of things on  your  plate. Businesspeople  have  substantial interest in gas drilling in the Marcellus Shale and you  have to  consider  the possible benefits and the  cons.  I would echo a previous speaker:  we need you to hold public forums throughout Sullivan County where we can hear from our public officials, our emergency responders and they can hear from residents. That’s what  we’re about in this county.   I was part of the bureaucracy  in New York State.  I have some idea how things work.  The budget determines  what happens.   Albany determines the budget.   I believe the Department of Environmental Conservation [DEC]  wants to  properly handle  drilling and hydro-fracking, but  I have substantial  concerns that the DEC,  because of budget constraints,  will be able to handle  the situation. Once the  water’s contaminated,  we can’t get  it  back.”

Larysa Dyrszka, a member of Sullivan Area Citizens for Responsible Energy Development (SACRED)  strongly supported both resolutions. A retired  pediatrician, Dr. Dyrszka,  expressed profound concerns  about chemicals used in  hydraulic fracturing  as well as  contamination from  compressor  stations. (Compressors are part of the extraction and gas preparation process.)  She said, “Both will have a deleterious  affect on the health of our  community.  We need more  information and  better science.  The Federal  Environmental Protection Agency (EPA) has just announced it  will conduct  a  comprehensive study to investigate  potential impacts of gas drilling on water quality and public  health.  In addition to the resolutions before you today, I’d ask you to  consider a moratorium in Sullivan County on hydro-fracking until  this EPA  study is completed.  I   also agree  that we need you to make sure more science and  information is  presented to the  public.  We will be more than happy to help you  set that up.”

Ayla Maloney, a local potter and proprietor of Honey Hill Pottery in the Town of Delaware, said,  “I’m asking you to consider a moratorium in Sullivan County and it should be open-ended.  Big corporations  have invested a lot of  money in drilling and the political process.  Our recreation, our scenery, our peace of mind…the entire landscape will be changed forever.  They want to put  10,000 wells in our area.  If that happens, it will turn  our area into a hideous wasteland.  I’m very upset.  I’m considering leaving and  I love it here.  I’m counting on you guys   to stand up for us.”

Victoria Lesser  recalled her early years in the Sullivan County area. “My childhood memories of this place are amazing. I  came back and  bought The North Branch Inn and restored it to its original 1860s  state.  I’ve been thinking  for days  what I want to say.  I  saw an  enormous  sign proclaiming,  ‘Business.  Pleasure.  Life,’ and another that called the Sullivan County Catskills, ‘Mountains of opportunities.’   The question now is,  ‘For whom?’   How can it be that everything I’ve invested would be considered worthless if drilling comes here. And  who are the people who are  thinking of   leasing their lands?   So many farmers.   The sad thing is we’ve allowed our farmers to struggle.  People who are spending $5 for a gallon of milk in  New York City   haven’t got a clue that our farmers are  trying to exist on  1970’s  milk prices.  As we  pledged allegiance to our flag, I thought of the public relations of gas drillers that drilling will improve our local economy.  What’s  really  going to happen to the economy of  Sullivan County?  They bring in their own  workers that stay by the well head. They won’t be eating french toast at my  inn that’s made with  brioche I get from another local business and serve with Diehl farm  maple syrup.  And what about the public relations about our national security?  Foreign companies are investing in the Marcellus Shale.”

Ms. Lesser began reading  from a Philadelphia Inquirer article she’d brought with her:  “A Japanese  company,  Mitsui,  is investing   $1.4 billion  in the Marcellus Shale. They’ve agreed to buy a 32.5 percent stake in the … natural  gas operations of Anadarko Petroleum Corporation…. We…anticipate drilling more than 4,500 wells over the coming year…. The U.S. will be a major gas market in years ahead….” Ms. Lesser  waved her sheet,  “Not only are they buying  our resources,  but so have [Norway’s] StatoilhydroBritain’s  BP and companies in Italy.  How can we sleep at night if we allow this to happen?  You have to make sure  we remain a mountain of opportunity  for people who actually live here and love this place.  Many people  who are  signing leases  don’t even live here.  One guy who recently leased lives in Port Jefferson or some place.  People making big money are living  in Japan and people vested here  won’t be able to leave because  our lives will be  worthless.”

After the measures passed,  a few Legislators responded to the public with comments of their own.

Leni Binder said, “We’ve been holding fora.  We’re not new to this.  New York  is a  home rule state.   We don’t have the  right to tell a town  not to  allow drilling in  a town if the state tells them they can.*  I urge you to go to the State and Federal levels.   All of us endorse a  study in this county.”

Legislator, Jodi Goodman reminded the audience of a forum that was held in Liberty, NY.  “Eight hundred people nearly filled it.  But we have to think, there’s  also the home owner who’s  for  drilling. Many farmers came forward who said you have no right to tell me how poor I must be — how much I must struggle.   It’s a  very difficult subject.  We have to control  trucks coming through our county and the  amount of hazardous  materials coming through.”

David Sager, who has been at most of the drilling meetings held in the County said,  “I  brought forward the  legislation to help struggling  farmers but people need to separate the arguments.  This is not about farming.  This is not about agriculture.  This is about industrialization and the environment.”

Chairman of the  Legislature,  Jonathan Rouis, reiterated a sentiment he expressed in his State of the County address,  “The Board of Legislators can and will be  the lead educator  on the issue.  The most important thing we can do is  to develop  these fora and make sure they’re well-attended.  If you’re interested in helping us do that,  stop by the Planning office and give your name.  Keep informed and help us  spread the word.”

(NB:  Anyone who believes Sullivan County residents should hear from and ask questions of our County Commissioners and emergency responders should call   845-794-3000 and ask for the Planning Department.  Leave your name and phone number so you can help the Legislature  create informational fora in your community.)

***********************

*Despite Ms. Binder’s remarks, there’s some hope for advocates of  increased local controls  as a recent Pennsylvania Supreme Court decision suggests. (Because the decision was reached by an Appellate court, it might carry weight as precedent in New York.):

  • According to the  Court’s ruling,  “Municipalities have a unique authority and responsibility in the regulatory framework which must be maintained; they ‘give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality.’”   In the end,  the court’s  decision permits a local regulatory body to enact “traditional zoning regulations that identify which uses are permitted in different areas of the locality,  even if such regulations preclude oil and gas drilling in certain zones….”    However,  the decision also restricted the scope of  local jurisdiction,  “We do not, for instance, suggest that the municipality could permit drilling in a particular district but then make that permission subject to conditions addressed to features of well operations regulated by the [Pennsylvania Oil and Gas] Act.”  (Bold added for emphasis.)  Essentially, when it comes to actual drilling practices and operations,  the  Court  upheld that Pennsylvania State law will carry more force than local regulations.
  • In response to the ruling,  Nockamixon Township has  amended old zoning ordinances in order to restrict  gas and drilling operations  to “light industrial and quarry zones.”   Also,  the Town has strictly enforced  weight limits on all its bridges.

***********************

In Sullivan, as well as in other New York State towns and counties, legislators should  harness the public’s growing outrage that local control of community resources is being stymied by Albany and Washington.

The New York State Associations of Towns and Counties are lobbying tools that can be used coherently and concertedly  against what many view as Albany’s “over-reaching.”

For more information about protecting localities, please download a copy of  “Legal and Practical Guide to Protecting Your Citizens and the Environment in the Face of Marcellus Shale Natural Gas Drilling”  prepared by Kimberlea Rea Shaw at the Cornell Cooperative Extension (CCE) Natural Gas Development Resource Center.   (The Center has  numerous other  resources  and suggestions  such as water testing which many believe should be  paid for  by gas extraction companies before drilling begins.)