dryden

Bosc d'Anjou / Flickr

 

In a decision released last week, the highest court in New York ruled that local governments can ban drilling within their borders. And while hydrofracking remains on hold in the state, the ruling is expected to have a huge impact on the industry in New York if fracking is eventually permitted.

 

The dean of the law school at Cornell University, Eduardo Penalver, helps explain the court's ruling

upholding local bans on gas drilling in New York.

 

Bosc d'Anjou / Flickr

In a 5-to-2 ruling, New York’s highest court has upheld the right of local governments to ban hydrofracking within their borders. The decision comes after a nearly three-year court battle over bans passed in the Towns of Dryden and Middlefield. Fracking opponents hope to now spread the bans to towns that were waiting for the court’s final ruling.

Innovation Trail

The debate over whether a municipality can ban hydraulic fracturing within its borders was brought before the New York State Court of Appeals Tuesday afternoon. The Southern Tier town of Dryden is defending its right to home rule against lawyers representing the bankruptcy trustee for Norse Energy.

Earthjustice managing attorney Deborah Goldberg says she feels confident bringing the case before the court because home rule is protected by the state constitution and New York isn’t alone.

Ellen Abbott / WRVO, file photo

The challenges to local hydrofracking bans in New York are one step closer toward their last day in court, as the state’s Court of Appeals agreed to consider two challenges of lower court rulings allowing municipal fracking bans in the towns of Dryden and Middlefield.

The plaintiffs had to apply to the Court of Appeals because the lower courts were unanimous in deciding against them.