After reviewing some really strange entries, the Town of Delaware has won the weirdest Frack Us Resolution prize. It’s so bad, I could have written it myself. As a joke. A “Frack Us” resolution is simply a political statement, usually passed without a public hearing, which can mean one or more of 5 things:
1. The town is run by a bunch of a.) bozos b.) $hale $hills c.) both a & b
2. The Town Supervisor has not read the Dryden or Middlefield rulings
3. The Town Attorney a.) is dead b.) on vacation c.) works for Chesapeake
4. The majority of our town’s Board members a.) have signed b.) would like to sign c.) are looking to sign a gas lease d.) own trailer parks/ brothels/ liquor stores
5. The Town Supervisor has no clue what the state regs. are going to be, but they know they’ll like them, regardless because a.) they have signed b.) own a road repair company c.) are too fracking lazy to actually protect the town
This rather strangely worded resolution was possibly authored by the firm of Dewey, Frackham & Howe:
“Be it hereby resolved that any landowner or entity that owns the rights to minerals within the corporate bounds of the Town of Delaware has the right to determine how they exercise and protect their mineral rights in accordance to the laws of the State of New York and to the laws of the United States of America.
You do not “exercise your mineral rights” Only your ownership rights in mineral interests. Such ownership rights are limited by state regulations as to how the mineral resources are extracted. A municipal land use ordinance regulates where they may be extracted from the surface. Which is what the Dryden and Middlefield courts ruled. State – how drilled. Town – where drilled.
In New York as in other states in the United States of America. . . . according to both state constitution and US constitutional law
Passing a “frack us” resolution does not make a town more “drillable”. It just means the town board is out to lunch. So when the town board of Delaware is thrown out on their keisters, the town can adopt some responsible land use ordinances. In accordance with the state and federal constitutions – as per the Middlefield decision:
Then they added this rather gratuitous bit of municipal wishful thinking :
“Be it further resolved that if gas drilling does come into the Town of Delaware, that those who are involved in the process of gas drilling and those who regulate the gas drilling process see to it that the entire process of gas drilling be made in a responsible and safe manner.”
They are making a town “resolution” on behalf of someone else – the drillers. That makes a lot of sense. Or what is the Town of Delaware going to do about it ? Pass a road and land use ordinance after the fact ? The burghers of Delaware have no clue what the state regs. are going to be. So wouldn’t it be a bit more sensible to pass a moratorium to give them time to look over the regs. when they do come out ?
Sue the Frack Us board members for gross negligence and being in cahoots with the frackers. When the roads are ruined and the water poisoned, you can sue them for dereliction of duty and gross negligence. Which is what these “Frack Us” resolutions amount to : The town board is unilaterally surrendering to frackers. An obvious bit of advice – if the wording is as bad as Delaware’s – probably better for the town board to just do nothing. By passing a “frack us” resolution, the town is acknowledging that it could have actually done something. But willfully did worse than nothing..