Ventura County Board of Supervisors were told they couldn't say no to fracking. They are told that they have to stay within the current processes for land use permitting. California lawmakers grapple with several bills on different regulatory aspects, and moratoriums, while the state regulatory agency of oil and gas - DOGGR- is moving ahead with fracking regulations - and all the while New York has banned fracking. And the courts have upheld those bans.
Here is an excellent fracking blog, done by a law firm on the east coast, they are watching the events unfold across the nation. Here is the post on the NY bans and their run through the courts:
Seemingly in direct contrast to what VC County Counsel told the Supervisors, the NY appellate court said the local governments are well within their right to ban these activities. HEre is the Fulbright Blog's synopsis (click link below for FULL piece)
"On appeal, the appellate court affirmed the ruling of the lower court. The appellate court found that the zoning ordinance “does not seek to regulate the details or procedure of the oil, gas and solution mining industries. Rather, it simply establishes permissible and prohibited uses of land within the Town for the purpose of regulating land generally.” The court acknowledged that the zoning ordinance will inevitably have an incidental effect upon the oil and gas industry. Nonetheless, the court found that the OGSML does not preempt a municipality’s authority to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders. "