In twin decisions handed down today, the Supreme Court, Appellate Division, Third Department upheld two local zoning laws that prohibit activities related to oil and gas development (commonly referred to as “hydraulic fracturing”) (the “zoning laws”).  The two appeals, Matter of Norse Energy Corporation USA v. Town of Dryden and Cooperstown Holstein Corporation v. Town of Middlefield challenged the zoning laws as preempted by the Oil, Gas and Solution Mining Law (“OGSML”), codified at Environmental Conservation Law (“ECL”) 23-0301 et seq.
Continue Reading Appeals Court Upholds Drilling Bans