Driller Can't Quash NY Town's Fracking Moratorium

Law360, New York (March 20, 2013, 5:26 PM EDT) -- A Livingston County, N.Y., trial court judge has thrown out gas driller Lenape Resources Inc.'s bid to overturn the town of Avon's one-year moratorium on high-volume hydraulic fracturing in a decision environmentalists said Wednesday gives further strength to home rule power in the Empire State.

Judge Robert B. Wiggins' decision, dated Friday, comes after the towns of Dryden and Middlefield also saw court rulings clearly favoring their power to curb fracking within their local confines.

Judge Wiggins threw out the driller's 10-count suit, notable for a...
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