NYS affirms that local municipalities have authority over gas drilling

In a 5-2 decision, the Court of Appeals upheld lower courts which found that the local zoning laws of two New York towns which banned oil and gas production activities were an appropriate use of local home rule powers.  The court upheld the home rule powers of the two towns named in the decision and concluded 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.”

A draft of the decision has been attached below.

Dryden and Middlefield Court of Appeals Decision

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