The New York Court of Appeals recently upheld two local government bans on fracking. Specifically, the court said that local governments can use their zoning laws to ban hydraulic fracturing within their borders. An oil-and-gas company had challenged the towns' bans, arguing that New York law gives full power to the state to regulate the industry. The court rejected that argument, finding that the state's Oil, Gas and Solution Mining Law did not preempt a home rule municipality's authority to regulate land uses. In the Matter of Mark Wallach v. Town of Dryden.
Post Authored by Julie Tappendorf, Ancel Glink