Flaws In NY Court's Ruling Of Recent Natural Gas Cases

Law360, New York (May 7, 2013, 12:29 PM EDT) -- On May 2, 2013, a New York appellate court upheld lower court decisions in Norse Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, which found municipal bans on natural gas development to be a valid exercise of home rule. More specifically, the Third Department, Appellate Division, unanimously held that a New York state law that expressly preempts local laws regulating how natural gas is developed neither expressly nor impliedly preempts a local zoning ordinance banning natural gas development....
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