An upstate New York town is fighting to preserve its way of life in a lawsuit pitting a small town's rights against an out-of-state oil and gas company’s wishes.
More than a hundred towns in New York have enacted local bans or moratoriums on gas drilling, including the controversial process known as hydraulic fracturing, or "fracking," in which drillers blast millions of gallons of chemically treated water into the ground to extract gas from hard-to-reach deposits deep in the earth.
Among those municipalities is the Town of Dryden—which is now being sued.
In September of 2011, the privately-held Anschutz Exploration Corporation, owned by Forbes-ranked Phillip Anshutz (net worth: $7.5 billion), sued the Town of Dryden (population: 14,500) in a bid to force the town to accept industrial gas drilling—including fracking—within town limits.
The company brought its lawsuit after the Dryden Town Board approved a change in its zoning ordinance, clarifying that oil and gas development activities, including fracking, were "prohibited uses" of land within the town. The Dryden Town Board's unanimous, bipartisan vote followed a petition drive and a series of public hearings, in which residents spoke out 3-to-1 in favor of the change.
This is how it all started. The Dryden Resource Awareness Coalition (DRAC) was created in the spring of 2009 by Dryden residents concerned about the possible upcoming consequences that the hydraulic fracturing of gas wells drilled into the Marcellus Shale may bring not only to their own neighborhoods, but also to the state and region.
In 2010, DRAC members began collecting petition signatures from their fellow residents to ask the Town Board to develop an industrial noise ordinance and to make a firm statement against gas drilling. The journey to the successful passage of the ordinance involved the entire community, through information sessions, a listening project, collaborations with neighboring communities, and much more. DRAC members took their concerns and requests for protective action to the Dryden Town Board, using their citizens' privilege time at the beginning of each meeting. They attended each monthly meeting, reiterating their concerns and reporting on progress to the Dryden Town Board and Town Supervisor.
DRAC member Hilary Lambert recounts the story of how town residents worked together to ensure their concerns would be heard, and to, ultimately, bring about the historic vote:
On August 29, 2013, the NY State Court of Appeals announced it would take up the appeal of Norse Energy Corp. USA to review a state intermediate appeals court decision that had ruled in favor of the Towns of Dryden and Middlefield. The ruling had affirmed lower court decisions upholding the Towns’ right to ban oil and gas development activities within town limits.
A mother, grandmother and longtime science-based advocate for the environment, Dr. Hilary Lambert grew up in Dryden and remembers a childhood spent outdoors, in the woods and on the water. Today, Hilary is a member of DRAC and works to protect the ecological health of the Finger Lakes Region as executive director of a watershed protection organization.
Fracking requires a heavy industrial buildup, complete with giant well pads containing multiple wells, miles of trucks rumbling down gravel roads, and noisy equipment that runs all night. Fracking sites, which are significant sources of volatile organic compounds, also taint local air quality by increasing ozone levels.
And then there's the issue of water. Each fracking job requires millions of gallons of water laced with sand and toxic chemicals like formaldehyde and hydrochloric acid. Some of the chemicals in fracking fluids are known carcinogens and the health effects of many additives are not fully understood, in large part because industry officials have refused to disclose precisely what they are using.
"The people of Dryden want to preserve the special character of our town and make sure it continues to be a healthy community for generations to come," said Dryden Town Supervisor Mary Ann Sumner.
"The oil and gas industry may wish it were otherwise, but municipalities have the right to determine what types of development are appropriate within their borders. We are firmly committed to defending that right."
A New York State Supreme Court ruled in favor of Dryden in February of 2012. The case is now being heard by an appellate court—though with a change in plaintiff. Norse Energy, the U.S. subsidiary of a Norwegian oil and gas company, has replaced Anschutz Exploration in the litigation—Norse then filed for Chapter 11 Bankruptcy proceedings the following month.
Earthjustice is representing the Town of Dryden in the appeal, a case that will determine whether localities can keep heavy industry like oil and gas development off the land within their borders.
The case is being watched closely as towns in other states like Colorado and Ohio pass fracking bans of their own and are threatened with lawsuits by the oil and gas industry. A victory in New York could provide encouragement and hope to communities around the country.
"The people of Dryden stood up to defend their way of life against the oil and gas industry. And, against stiff odds, they won," said Deborah Goldberg, managing attorney of Earthjustice's Northeast regional office and an expert on the environmental impacts of industrial gas development.
"The [lower court] ruling makes clear that local officials have the right to decide what industrial activities are appropriate within their communities."
"The Town of Dryden has a very strong case," said Deborah. "Two courts have ruled that localities retain their longstanding power to regulate land use, including by prohibiting industrial activities such as gas development in their communities. We'll do everything we can to ensure this victory stands."
These scenes from the 2012 Dairy Day were captured by Austin Brecht, then a senior at Dryden High School.
19 years old
Years Lived in Dryden
Mentor at Lime Hollow Center for Environment and Culture
Favorite Part of Being from Dryden
Knowing that I come from
a small, close-knit town
Favorite Dryden Memories
The annual Dairy Day Parade;
walking along the rails of Dryden Lake and fishing in the lake;
going to Dryden Lake Park
A resident of Dryden for four decades, Mary Ann Sumner was first elected as Dryden Town Supervisor in 2007. After graduate studies at Cornell University, Mary Ann settled in Dryden, building a log home in the woods of West Dryden and raising her children with an appreciation for the natural world and their connection to it.
Pennsylvania residents Jim and Jen Slotterback had only 11 days to save their favorite park from gas drilling—and they succeeded. Watch their story.