home rule

5:27am

Wed June 4, 2014
Energy

Parties revisit home rule arguments in NY State Court of Appeals

Attorney representing the bankruptcy trustee for Norse Energy makes his oral argument before the Court of Appeals. Earthjustice attorney Deborah Goldberg listens in the foreground.
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.

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7:12am

Fri August 30, 2013
Environment

Hydrofracking case will be heard in New York Court of Appeals

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.

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1:48pm

Thu May 2, 2013
Energy

Court upholds 'home rule' over drilling laws

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.

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12:47pm

Fri March 22, 2013
Regional Coverage

Arguments over fracking bans focus on one sentence

A drilling rig in Pennsylvania, where Act 13 prevents towns from controlling where drilling can take place. State courts have blocked Act 13.
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.

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