ALBANY, N.Y. - A case being argued in New York's highest appeals court today could shape the future of fracking - using hydraulic pressure to extract natural gas from the Marcellus Shale formation beneath much of the Empire State.

The towns of Dryden and Middlefield in the Finger Lakes region voted to use local zoning laws to ban fracking in their communities. Norse Energy Corporation USA, a foreign-owned natural gas drilling company, sued the towns.

Helen Slottje, who initially came up with the legal strategy defending the zoning, predicts Dryden and Middlefield should prevail, with the help of lawyers from Earthjustice.

"We're very hopeful and optimistic that the Court of Appeals will rule that communities in New York have the right to say 'no' to gas drilling, and to be able to say 'no' to this sort of heavy industrialization," says Slottje.

Gov. Andrew Cuomo's administration has missed several self-imposed deadlines for announcing regulations for fracking. If Dryden and Middlefield win, dozens of other New York communities that have similarly zoned out fracking would likely see more cities and towns follow suit, with local votes taken on the issue.

If the anti-fracking zoning is upheld, Slottje says she would expect to see the gas industry bring enormous resources and pressure to bear to influence local populations and governments to reject fracking bans. But she adds that approach won't be easy for the energy exploration industry to succeed with.

"Local governments tend to be small enough and personal enough that the people who are elected have to live in those communities - and so, it's harder to basically ignore what your constituents want."

Slottje says the gas industry and its supporters could turn to the state legislature to step in and attempt to overturn local bans.

"In Pennsylvania, the legislature made no bones about it." Slottje says. "Pennsylvania told anti-fracking supporters, 'We're passing a law: You can't regulate industry – and, by the way, we mean you can't zone it out either.'"

Norse Energy owns or leases approximately 130,000 acres in New York state, and has said it looks forward to developing the land's resource potential.



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Some Latinos in Arkansas were among 400 residents across 10 states polled about the health of the Mississippi River.

Both registered Republicans and Democrats were polled and all participants live close to the river.

Dave Metz, president of the polling firm Fairbank, Maslin, Maullin, Metz and Associates, said overall Latinos are concerned about pollution in the Mississippi, with 83% of them describing it as a national treasure and more than 50% of those polled said they feel it is threatened and it is their responsibility to care for it.

"We also see among Latino voters -- regularly -- stronger support for conservation proposals," Metz reported. "Stronger support for policy proposals designed to promote public health by reducing pollution."

The Mississippi River passes through all the states where the study was conducted. Among those surveyed, 74% said they are very or extremely concerned with the presence of pollution in all the country's rivers, lakes and streams.

The survey also found Latinos feel Congress should do more to protect and clean up the Mississippi River, ensuring the protection of water, air and wildlife, instead of producing more domestic energy through oil and gas drilling or mining.

Metz said 87% of those surveyed support the 30-by-30 goal of conserving 30% of America's lands, freshwater and oceans by 2030.

"Latinos express higher degrees of concern about air and water pollution -- and pollution on land as well -- than what we see among the rest of the population," Metz pointed out. "One reason for this obviously are environmental justice concerns. Many Latinos within the United States live in communities that are disproportionally burdened by sources of pollution."

Those polled said they would back legislation to provide funding to prevent the worst impacts of flooding, incentives for farmers to use sustainable practices and improve soil health and potential policies to create new national parks, monuments or wildlife refuges to protect areas for outdoor recreation.


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A federal agency is requiring Wyoming to update cost estimates for a large proposed dam in Carbon County, which has been under feasibility studies since 2008.

The West Fork Battle Creek Dam, proposed in the Medicine Bow National Forest, would be 700 feet long, about 25 stories tall and would create a 130-acre reservoir. The dam would provide late-season irrigation water to Wyoming and Colorado landowners at a projected cost of $80 million, according to a 2017 estimate.

Gary Wockner, co-founder and executive director of the advocacy group Save the Colorado, thinks it will cost about four times the estimate, partly due to its remote location.

"It'll be hard to get to, it'll be extremely difficult to engineer and build," Wockner contended. "In fact, it's so large and controversial, we believe that permitting and potential court challenges could cost $20 million to $30 million, alone."

The proposal requires a land swap between the U.S. Forest Service and the state, a trade state lawmakers in 2018 allocated nearly $5 million to investigate. The U.S. Natural Resource Conservation Service, the federal agency responsible for granting permits, told the State of Wyoming Water Development Office to update the cost estimate for the dam. So far, the analysis itself has cost $1.5 million.

The estimate is a vital part of the cost-benefit analysis and determines who will fund the dam. The National Environmental Policy Act requires both an analysis of the proposed plan and several alternative plans, Wockner pointed out.

"Then, you pick what's called the 'least environmentally damaging practicable alternative,'" Wockner added. "You have to have a reasonable cost estimate in order to do the entire NEPA analysis correctly."

In 2023 scoping comments on the project, Wockner argued the analysis should include an estimate of greenhouse gases the project would emit, and effects on the already over-allocated Colorado River.


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Iowa is getting federal help to eliminate lead water pipes in the state.

The Iowa Department of Natural Resources is working with local water agencies, planning where to prioritize funds.

As part of the Bipartisan Infrastructure Law, cities and towns in Iowa are reducing the number of dangerous lead water lines.

The Iowa Environmental Council's Director of Climate Initiatives Cody Smith said even homes built as recently as 1988 are connected to the local water utility with lead lines - which leaves people at risk, even in Iowa's big cities like Des Moines and Council Bluffs.

"Particularly with the most vulnerable groups, such as unborn babies or young children, they have extreme and outsize risk related to exposure to lead through lead service lines," said Smith. "That can cause higher levels of lead in the blood and lead to developmental issues for children."

The State's Revolving Fund, which is the primary source for water infrastructure updates, has received more than $620 million as part of the Bipartisan Infrastructure Law.

The IEC says more than 700 communities have benefited so far.

Beyond replacing lead pipes and updating water system infrastructure, Smith said Iowa could also benefit from help with what are known as non-point source projects.

"Which is runoff from agricultural fields and from livestock operations that lead to nutrient pollution in source water," said Smith. "And source water is water that's used for drinking water somewhere in the state."

Smith said those strategies can help farmers and local utilities reduce nitrates and other pollutants in the soil.

The Biden administration has a goal of replacing all lead water service lines in the U.S. by 2031.




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