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    New York Court of Appeals Upholds Local Fracking Bans

    The New York Court of Appeals, in a 5-2 decision, held that the New York State Oil, Gas and Solution Mining Law (“OGSML”) does not preempt municipal zoning authority.  The Court explained that land use regulation is among the most fundamental powers granted to municipalities and thus can be preempted only where there is a […]

    NY High Court Hears Fracking Preemption Cases

    Earlier this month the New York State Court of Appeals heard oral argument in Matter of Norse Energy USA v. Town of Dryden and Cooperstown Holstein v. Town of Middlefield, in which the Court has been asked to decide whether the New York State Oil, Gas and Solution Mining Law (“OGSML”)[1] preempts local zoning regulations […]