Case Updates
NY appellate court affirms decision holding local zoning ordinances prohibiting oil and gas extraction through hydraulic fracturing are not preempted by state law
June 30, 2014
The New York Court of Appeals concluded that towns may ban oil and gas production activities, including hydro-fracking, within municipal boundaries through the adoption of local zoning laws. The court reasoned that the supersession clause in the statewide Oil, Gas and Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use. Therefore orders of the Appellate Division were affirmed.
Decision by New York Supreme Court, Appellate Division
May 02, 2013
The New York Supreme Court, Appellate Division held that the local zoning ordinances were not preempted by state law.
Decided 6/30/2014.
Oral Argument held 6/3/2014.
U.S. Chamber amicus brief filed 4/18/2014.
Motion for Leave to Appeal Granted 8/29/13
U.S. Chamber amicus brief filed 6/14/13.
New York Supreme Court, Appellate Division Procedural History
U.S. Chamber amicus brief filed 10/17/12. Decided 5/2/13.
Case Documents
- NCLC amicus brief -- Norse Energy Corp. v. Town of Dryden (NY Court of Appeals).pdf
- NCLC amicus brief -- Norse Energy Corp. USA v. Town of Dryden (NY Supreme Court, Appellate Division).pdf
- Decision and Order on Motion accepting filing of amicus briefs -- Cooperstown & Dryden (New York Supreme Court, Appellate Division)_0.pdf
- Dryden decision.pdf
- U.S. Chamber and American Petroleum Institute Amicus Brief -- Norse Energy Corp. USA v. Town of Dryden (NY Court of Appeals).pdf
- Decision -- Norse Energy Corp. v. Town of Dryden (NY Court of Appeals).pdf