home rule

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.

Court upholds 'home rule' over drilling laws

May 2, 2013
Marie Cusick / Innovation Trail/WMHT

In two separate rulings Thursday, New York's appellate court, the state's second highest court, ruled that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt municipal land use laws.

Matt Richmond/Innovation Trail

Oral arguments were completed Thursday in the case that will decide whether New York towns have the right to ban gas drilling. The case comes down to how the panel of four judges will interpret a single sentence.