Short form of a Resolution in Support of NEW YORK PUBLIC LAW # Hydraulic fracturing, or hydrofracking, an industrial technology to extract shale gas and oil from deep beneath the earth’s surface, and the many activities that surround and support it (water withdrawals, dumping or storage of liquid and solid wastes, etc.) are known to poison air, water and land; to harm public and environmental health; and to destroy community life, local economies, housing resources and roadway infrastructure.
A crime is being committed against every one of these aspects of earth and human life. It is only right, therefore, that the people of this jurisdiction desire to declare this technology and all related activities criminal acts and to impose penalties commensurate with such crimes against people, communities and the natural world.
There is no remedy for the people or the earth in regulatory law as administered by the NYSDEC, since it is a creation of illegally privileged business corporations and a complicit political system. Regulatory law holds neither the intent nor the capacity to carry out the will of the people.
Be it resolved, therefore, that the jurisdiction of __________________________________________ in the State of New York supports the passage of NEW YORK PUBLIC LAW 1 and instructs our legislators in the Assembly and the Senate to vote for the enactment of said law.
One basis for this act of criminalization rests in Chapter 40, Title A, of the NYS Penal Code, which states: “the general provisions of this chapter are:
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To proscribe conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests.
To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction.
To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, and their confinement when required in the public interest.”
NEW YORK PUBLIC LAW 1 accompanies this Resolution. It amends the Penal Code to criminalize hydraulic fracturing and related activity, and subjects to criminal penalties all persons, corporations and government entities that engage in or enable fracking and related activities.
Signed by the members of the governing board of the jurisdiction of
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