Albany fracking ban vetoed

albany city hall thumbnailJerry Jennings announced late Thursday afternoon that he has vetoed the hydrofracking ban passed by the Common Council earlier this month. Jennings' stated reasons in the veto message (boiled down): the state DEC is still reviewing the issue, acting before that review is finished is inappropriate and may open the city to being sued, there's no land in the city that's up for fracking. (Full message embedded after the jump.) The ban passed 8-5, which is two short of the votes that would be necessary for an override. [TU]

Jennings Fracking Ban Veto Message

Comments

If there's no land in the city that would be used for fracking, why is this even an issue that's being voted on?

It's an issue because we have a city landfill and we get our water supply from an area that could be fracked. Fracking is a state-wide and national issue but by taking a stand on a local level, we let the higher-ups know how we feel and prevent them from dumping toxic waste into our treatment plants that are unable to handle it (like they did in Buffalo), etc. The solid waste coming from the shale underneath NY is very likely to be radioactive and we do not want that dumped in our local landfill.

I have to agree with Jennings on this one for the very same reasons he cited.

@Frances: I agree that we don't want toxic waste in our treatment plants or landfills, but passing a ban on fracking within City of Albany limits won't prevent this from happening. If it's the water supply that matters, then we'd need to pass a ban on fracking at and surrounding the water source.

@Tim: Exactly. I agree.

Wait- if the council vote was 8-5, doesn't that mean 2 members didn't vote? I think a 10-5 vote would override the veto. Anyone know who didn't vote?

Jennings' argument about exposing the City to litigation is, quite possibly, nonsense. Calsolaro, who authored the bill, put time, effort, and expertise (I believe he spent years as a bill drafter in the NYS Assembly or Senate) into researching the law on this. Who really thinks he just drafted a bill in a vacuum? Honestly...

Additionally, the point of the legislation is, in my opinion, to add to the voices of other parts of the state where fracking would hypothetically occur. If municipalities show a distaste for fracking, the State will be less likely (in theory) to allow it. This also answers the concern that Albany may get its water from places that could be fracked: if everyone opposes it, it sends a message.

Public--stop thinking solely in terms of the letter of the law, especially when it is the "spirit" of the law that is in play here. If you want to argue that the "spirit" of the law should not be in play, then have that argument instead.

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