New York’s top court has been asked to decide whether local governments can ban the practice of hydraulic fracturing.
Last month a mid-level appeals court ruled unanimously in favor of upholding local bans in the towns of Dryden and Middlefield, meaning there’s no requirement for the case to be taken up by the top court.
New York’s second highest court upheld the right for two municipalities to ban gas drilling last week. But, that decision won’t deter gas and oil producer Lenape Resources from appealing a similar ban in the upstate community of Avon.
Gas and Oil producer Lenape Resources has filed a note of appeal as part of an attempt to overturn a court decision made in March that allowed the town of Avon to maintain its moratorium on fracking. This is the third case of this kind in upstate New York.