A year and a half into a hydraulic fracturing moratorium the Town of Lansing began exploring a permanent fracking ban on December 3rd.  Acting on a recommendation from the Town Drilling Committee, the Town Board authorized the committee to meet with Town Attorney Guy Krogh to craft a document that the board may vote into law.  But after Governor Andrew Cuomo's announcement Wednesday that he would support his commissioners' recommendation to ban fracking state-wide due to health risks, the board is faced with the question of whether a local ban is needed.

"It depends on whether or not you have faith that Albany is always solid and consistant in their decision making and doesn't change their mind as the wind blows, politics change, and cash through their front door," Krogh sardonically told the board.  "That pretty much answered the question for most of them.  Some of them will decide not to do anything and let the State take care of it.  I will leave that decision to this board."

Town Supervisor Kathy Miller was delighted with the prospect of a state ban, but, like Krogh, she says that the Town has to lay the groundwork to protect itself in the event that Albany decides not to enact a ban or decides to lift a ban at some time in the future.

"You don't know what's going to happen in the future," says Lansing Town Supervisor Kathy Miller.  "They could probably lift the state-wide ban.  So what we have to do to go forward is being sure that those specifics that would support a ban are in the Comprehensive Plan and our Land Use Ordinance.  That that, in and of itself, bans fracking."

The Drilling committee is already working with Krogh to craft a resolution banning fracking.  Krogh says the committee spent a lot of time wrestling with exactly what to ban.

"My understand is that they pulled back to a straight HVHF (High Volume HydroFracking) long line  ban, but including things like the use of brine and return waters and the deposition of drilling muds into fields and things like that that already exist elsewhere in the state," Krogh said.  "There's nothing to invent there."

While the board has been amenable to exploring what it would take to enact a ban, it is not clear whether the five board members will agree to enact a ban into local law.  While a telephone survey last year showed that a majority of Lansing residents do not support gas mining within town borders, not all residents want to prohibit fracking.  Krogh said the Town has to define what the community wants and act accordingly.

"If the community's future vision is to allow certain types of business, industry and not others, given the unique situation of Lansing being on a lakeshore and having steep slopes..." Krogh advised.  "A comprehensive plan has to take into account employment needs and a whole lot of issues other than what's in your back yard. It has to balance the community and region's need for industry and commerce and agriculture and residential needs."

"I also suggest this board consider the timing issue and the Cayuga Power Plant," he added.  "I think there is a connection there that is probably not obvious.  But I think it exists and is something that should be considered."

Krogh was not more specific about the power plant connection.  Currently there is much contention about a residential/business gas pipeline that would run from Freeville through Dryden to service new development on Warren Road in Lansing.  With fierce opposition to the expansion of any gas lines, especially in Dryden, power plant officials can reasonably expect a fight over a new pipeline that would repower the plant, even if that plan is approved by the NYS Public Service commission.

Miller, who supports a fracking ban, says that the state ban gives the Town Board more time to think about how it wants to procede.

"I don't know that we'll go forward with the ban, she says.  "This gives us more time to do that and to do it well so we would have really good support for a ban.  If (the state ban) stands, hallelujah."

Krogh said that a draft resolution banning fracking in Lansing may be ready for the Board to consider in January, or at least an outline of what it will propose.

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