Pro-gas speaker surprises fractivists at Cobleskill 'forum'

5/23/2012

By Patsy Nicosia

Pro-gas speaker surprises fractivists at Cobleskill

obleskill's fracking forum threatened to derail even before it began Monday after opponents walked in to find oil and gas lease attorney Edward Zaengle at the microphone.
"He was the man we called," Supervisor Tom Murrray said when questioned by Sharon Springs Against Hydrofracking's Lisa Zaccaglini.
"We need to see both sides," he said.
Missing was the "official" other side-Ithaca-based attorney David Slottje, who helped the Town of Schoharie-among others-draft a hydrofracking moratorium.
Activist Glen Sanders of Schoharie said Mr. Slottje has looked at Cobleskill's Comprehensive Plan and found loopholes in some of its zoning; Mr. Zaengle disagrees.
But, Mr. Zaengle said, "The whole reason this [a moratorium] is being litigated is that it isn't cut and dry."
Mr. Murray and councilmen said they aren't interested in a moratorium-for many reasons.
But midway through the 2 1/2 hour meeting they agree to invite Mr. Slottje to speak pro bono-though likely not till July because of his busy schedule.
Afterward, Jud Speer of Lawyersville, who first brought the fracking issue to the board, applauded that decision.
"I have no doubt David will offer compelling information that counters Mr. Zaengle's arguments based on the most recent case law from Dryden and Middlefield," he said.
Mr. Zaengle, who was a hydrogeologist before he became a litigator and then came home to Worcester to help people negotiate gas leases, argued points of law; under home rule and EnCon law, he said, "I don't see how it [a moratorium] can be done."
"If towns are allowed to ban or regulate oil and gas, it will turn oil and gas law in New York State on its head," he said.
Restricting fracking, Mr. Zaengle continued, will hurt economic development.
"But if you can do both," stimulate the economy and protect water-one of opponents' biggest concerns, "that's a win-win."
After Mr. Zaengle left, the forum's focus shifted to concerns over fracking potential impact on groundwater, roads, and quality of life.
Brian Quigg, who said he moved to Cobleskill about eight years ago because he liked the community and was impressed by the schools, argued fracking will change that.
"The moment I start worrying about my drinking water, I'm out of here," he said.
Bob Nied of Richmondville and the Center for Sustainable Rural Communities, agreed that it's a qualify of life issue.
"That's what we should be worrying about," he said. "Not Mr. Zaengle telling you he's going to sue you."
Both Councilmen Ryan McAllister-himself an atttorney-and Sherwood Veith said they can't support a fracking moratorium and have confidence the system-both zoning regulations and those DEC is drafting-will work.