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Home Rule Allows Fracking Ban, NY Town Tells High Court

Law360, New York (December 16, 2013, 7:23 PM EST) -- A New York town fighting to preserve its hydraulic fracturing ban told the state's high court on Monday that its traditional home rule powers allowed it to restrict drilling within its borders.

Disputing claims from Norse Energy Corp. that the state's Oil, Gas and Solution Mining Law preempts the zoning ordinance, the town of Dryden said in a brief filed with the New York Court of Appeals that nothing in the statute stopped a locality from prohibiting oil and gas mining.

A lower appellate court has already backed the town, unanimously ruling earlier this year that the OGSML can't be invoked...

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