I think Chip Northrup has found something really crucial here.
Chip is being nice by not using the "P" word, but
lying under oath is called perjury,
and I believe this is what we may have here.
Look at the evidence, then decide for yourself.
Greg Sovas is a key industry witness in both the Middlefield and Dryden lawsuits.
For 18 years, he was head of the Division of Mineral Resources at NY DEC.
Compare these two statements:
QUOTE #1:
Local Zoning and DEC Processing of Permits
The 1991 Amendments clarified local government's authority to enact zoning laws and enhanced the ability to participate both formally and informally in the review of mining applications. Furthermore, local governments may enact special use permit authority and enforce conditions from the state permit. It is important to recognize that DEC is not a land use agency, and that the authority remains at the local government level. It has always been our position that localities need to determine appropriate land uses and that DEC, even if we believe that a site may not be zoned properly, will not interfere in those decisions. We do not want conflicts with the localities. We want and need local governments to plan for mineral resources as natural resources just like they would do for any other land use, consistent with the MLRL
-- Gregory H. Sovas, (at the time) Director, Division of Mineral Resources, NY Department of Environmental Conservation, "Sustainable Development and Mining", Perspectives on New York's Mined Land Reclamation Law, Albany Law School. April 17, 1998
Source: http://www.dec.ny.gov/docs/materials_minerals_pdf/albanyla.pdf
Local Zoning and DEC Processing of Permits
The 1991 Amendments clarified local government's authority to enact zoning laws and enhanced the ability to participate both formally and informally in the review of mining applications. Furthermore, local governments may enact special use permit authority and enforce conditions from the state permit. It is important to recognize that DEC is not a land use agency, and that the authority remains at the local government level. It has always been our position that localities need to determine appropriate land uses and that DEC, even if we believe that a site may not be zoned properly, will not interfere in those decisions. We do not want conflicts with the localities. We want and need local governments to plan for mineral resources as natural resources just like they would do for any other land use, consistent with the MLRL
-- Gregory H. Sovas, (at the time) Director, Division of Mineral Resources, NY Department of Environmental Conservation, "Sustainable Development and Mining", Perspectives on New York's Mined Land Reclamation Law, Albany Law School. April 17, 1998
Source: http://www.dec.ny.gov/docs/materials_minerals_pdf/albanyla.pdf
Compare that to this:
QUOTE #2:
(7) I was the primary author of the Amendments to the New York's Oil, Gas and Solution Mining Law in 1981, and was responsible for implementation of those amendments. (8) Because of my public service, I am personally familiar with the legislative intent and purpose of the oil and gas program, how New York's Oil, Gas and Solution Mining Law was implemented, and how the Department interprets and enforces the provisions of the law. ... (17) There was no question about legislative intent that the supersedure clause eliminated the right of municipalities to regulate any aspect of the oil and gas development including the right to zone oil and gas wells,... (21) The Zoning Law is clearly preempted under the plain languages of ECL §23-0303(2).... (22) The Zoning Law also directly conflicts with Article 23 of the ECL and further frustrates the law's purpose by purporting to use zoning principles to prohibit oil and gas drilling within the municipal boundaries of the Town,... (27) It would also run counter to the Department's long-standing interpretation of §23-0303(2). (28) For over thirty years, the Department interpreted ECL §23-0303(2) to completely preempt local municipalities from regulating the oil and gas industry, whether through zoning or other local laws and ordinances putatively based on public health, safety and welfare.... etc.
Source: Greg Sovas affidavit, Middlefield lawsuit.
This document is not online, but is nearly identical (even the paragraph numbers) to an affidavit filed under the Dryden lawsuit, copy here: http://drydensec.org/sites/default/files/AnschutzAffidavit.pdf
(7) I was the primary author of the Amendments to the New York's Oil, Gas and Solution Mining Law in 1981, and was responsible for implementation of those amendments. (8) Because of my public service, I am personally familiar with the legislative intent and purpose of the oil and gas program, how New York's Oil, Gas and Solution Mining Law was implemented, and how the Department interprets and enforces the provisions of the law. ... (17) There was no question about legislative intent that the supersedure clause eliminated the right of municipalities to regulate any aspect of the oil and gas development including the right to zone oil and gas wells,... (21) The Zoning Law is clearly preempted under the plain languages of ECL §23-0303(2).... (22) The Zoning Law also directly conflicts with Article 23 of the ECL and further frustrates the law's purpose by purporting to use zoning principles to prohibit oil and gas drilling within the municipal boundaries of the Town,... (27) It would also run counter to the Department's long-standing interpretation of §23-0303(2). (28) For over thirty years, the Department interpreted ECL §23-0303(2) to completely preempt local municipalities from regulating the oil and gas industry, whether through zoning or other local laws and ordinances putatively based on public health, safety and welfare.... etc.
Source: Greg Sovas affidavit, Middlefield lawsuit.
This document is not online, but is nearly identical (even the paragraph numbers) to an affidavit filed under the Dryden lawsuit, copy here: http://drydensec.org/sites/default/files/AnschutzAffidavit.pdf
These statements, made 13 years apart, appear to contradict each other.
The first statement was made while Mr. Sovas was a Public Servant.
The second statement was made while Mr. Sovas was a paid consultant by the O+G industry.
So, which statement is the truth, Greg Sovas?
This video discusses the matter:
http://www.youtube.com/watch?v=RQDIDJDTYwE
--
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