The governor is, in essence, conceding to the effort by some communities to exert home rule

 UPSTATE NEW YORK ~ Local officials who voted to impose municipal bans on hydraulic fracturing gathered in the state capitol in Albany on Monday 18 June to call attention to the rapidly expanding “home rule” movement that is sweeping upstate New York. [1]

  Limited drilling for natural gas with hydraulic fracturing or fracking may be coming to New York State.

According to a New York Times article, written by Danny Hakim ,  Gov. Andrew Cuomo will soon announce a plan that will allow hydraulic fracturing in a few select counties in New York, most of them along or near the border with Pennsylvania. His plan would limit fracking to only those counties and townships within those counties that actually want drilling -- at least for "the next several years." ^[2]
 

Gov.  Cuomo's reported plan as described by an unnamed state Department of Environmental Conservation official to Hakim, is to proceed only in the deeper parts of the Marcellus Shale,  the subterranean rock formation that holds vast amounts of gas, and only in communities that support gas drilling which would unavoidably involve the productive but contentious process of hydraulic fracturing, or fracking, of the shale layers deep underground.[3]

The governor is, in essence, conceding to the effort by some communities to exert home rule [4]

In blocking this industrial activity but saying home rule cuts both ways.   This shift by Governor Cuomo signals the overall direction of his energy policy. ^[5]

  Under the plan being discussed by the Cuomo administration, drilling in New York would be allowed only in Broome, Chemung, Chenango, Steuben and Tioga counties, if local governments agree to it, the administration official said. The New York Times reported the counties under consideration for permits today.

Tom West, an attorney for Anschutz and a lobbyist for the industry in Albany, said Cuomo may be following the law as determined by the rulings in those cases by considering a plan that would allow local governments to block drilling. [6]

The strategy has not been made final and details could change, but it has been taking shape over several months. It would be contingent on hydraulic fracturing's receiving final approval from state regulators, a step that is not a foregone conclusion but is widely expected later this summer. [7]

If in the case of Fracking the Governor does concede to communities exerting Home Rule, does this set a legal precedence for communities opposing other forms of energy development?

[1.]Municipal Fracking Ban Press Conference in Albany on June 18 The Catskill Chronicle

[2.] New York may allow fracking where counties, townships approve - Drilling - Ohio

[3.] Marcellus Shale - Appalachian Basin Natural Gas Play

[4.] Status of Home Rule appeals uncertain as deadline nears Arguing against local control could put Republicans on spot .Shale Gas Review


[5.]  Cuomos Wise Move on New Yorks Gas Resource - NYTimes.com

[6.] Fracking could be banned in Otsego, Delaware, Schoharie counties » Archive » The Daily Star, Oneonta, NY - otsego county news, delaware county news, oneonta news, oneonta sports

[7.]  Cuomo Said to Want to Limit Fracking to 5 New York Counties - Businessweek