Drillers Can't Use NY Law To Supersede Local Fracking Bans

Law360, New York (May 2, 2013, 1:31 PM EDT) -- New York's Oil Gas and Solution Mining Law can't be invoked to nullify localized efforts to keep shale gas drilling away from towns, cities or other localities, a unanimous state appellate panel ruled Thursday, backing the Empire State's doctrine of home rule.

The ruling comes as a blow to oil and gas drillers, including plaintiff Norse Energy Corp. USA, which had sought to stem the tide of local moratoriums and bans by claiming the mining law, amended in 1981 to include a preemption clause, took precedence...
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