Mealey's Toxic Tort/Environmental - Split New York High Court: Municipalities May Pass Laws Banning Fracking

ALBANY, N.Y. - A divided New York Court of Appeals on June 30 ruled that local municipalities may pass bans on the oil and gas extraction procedure that uses hydraulic fracturing because the supersession clause in the statewide Oil, Gas Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use (Norse Energy Corp. USA v. Town of Dryden, et al., No. APL-2013-00245, N.Y. App.).

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