WALLACH v. TOWN OF DRYDEN

No. 130, 131

23 N.Y.3d 728 (2014)

16 N.E.3d 1188

992 N.Y.S.2d 710

2014 NY Slip Op 4875

In the Matter of MARK S. WALLACH, as Chapter 7 Trustee for NORSE ENERGY CORP. USA, Appellant, v. TOWN OF DRYDEN et al., Respondents. COOPERSTOWN HOLSTEIN CORPORATION, Appellant, v. TOWN OF MIDDLEFIELD, Respondent.

Court of Appeals of New York.

Decided June 30, 2014.


Attorney(s) appearing for the Case

The West Firm, PLLC, Albany ( Thomas S. West and Cindy Monaco of counsel), for appellant in the first above-entitled action.

EARTHJUSTICE, New York City ( Deborah Goldberg and Bridget Lee of counsel), for respondents in the first above-entitled action.

Levene Gouldin & Thompson, LLP, Binghamton ( Scott R. Kurkoski of counsel), and The West Firm, PLLC, Albany ( Thomas S. West and Cindy Monaco of counsel), for appellant in the second above-entitled action.

Whiteman Osterman & Hanna LLP, Albany ( John J. Henry , David R. Everett and Robert S. Rosborough IV of counsel), for respondent in the second above-entitled action.

Scott M. Stringer , Office of the Manhattan Borough President, New York City ( Andrew L. Kalloch of counsel), Manhattan Borough President Scott M. Stringer and others, amici curiae in the first above-entitled action.

Washington Legal Foundation, Washington, D.C. ( Cory L. Andrews and Richard A. Samp of counsel), and Lally & Misir, LLP, Mineola ( Deborah N. Misir of counsel), for Washington Legal Foundation, amicus curiae in the first above-entitled action.

Columbia Environmental Law Clinic, Morningside Heights Legal Services, New York City ( Susan J. Kraham of counsel), for Vicki Been and others, amici curiae in the first above-entitled action.

Knauf Shaw LLP, Rochester ( Alan J. Knauf , Amy K. Kendall and Arthur L. James, III , of counsel), for Dryden Resource Awareness Coalition, amicus curiae in the first above-entitled action.

Community Environmental Defense Council, Inc., Ithaca ( David Slottje and Helen Slottje of counsel), for Community Environmental Defense Council, Inc., amicus curiae in the first above-entitled action.

Jordan A. Lesser , Albany, for Assemblywoman Barbara Lifton, amicus curiae in the first above-entitled action.

Whiteman Osterman & Hanna LLP, Albany ( John J. Henry , David R. Everett and Robert S. Rosborough IV of counsel), for Town of Ulysses and others, amici curiae in the first and second above-entitled actions.

Cynthia Feathers , Glens Falls, and Elizabeth Dribusch , General Counsel, Albany, for New York Farm Bureau, amicus curiae in the first and second above-entitled actions.

Hodgson Russ LLP, Buffalo ( Daniel A. Spitzer , Alan J. Laurita and Charles W. Malcomb , of counsel), for Independent Oil and Gas Association of New York, Inc., amicus curiae in the first and second above-entitled actions.

Sidley Austin LLP, Washington, D.C. ( Roger R. Martella, Jr. , Samuel B. Boxerman , Quin M. Sorenson and Joshua J. Fougere of counsel), Sidley Austin LLP, New York City, American Petroleum Institute, Washington, D.C. ( Harry M. Ng and Benjamin Norris of counsel), and National Chamber Litigation Center, Inc. ( Sheldon Gilbert and Rachel L. Brand of counsel), for American Petroleum Institute and another, amid. curiae in the first and second above-entitled actions.

Levene Gouldin & Thompson, LLP, Binghamton ( Scott R. Kurkoski , of counsel), for Joint Landowners Coalition of New York, Inc. and others, amici curiae in the first and second aboveentitled actions.

Tooher & Barone, LLP, Albany ( John L. Barone and Meave M. Tooher of counsel), for Brewery Ommegang, Ltd. and others, amici curiae in the first and second above-entitled actions.

Katherine Sinding , New York City, and Daniel Raichel for American Planning Association and others, amici curiae in the first and second above-entitled actions.

Chief Judge LIPPMAN and Judges READ, RIVERA and ABDUS-SALAAM concur with Judge GRAFFEO; Judge PIGOTT dissents in an opinion in which Judge SMITH concurs.


OPINION OF THE COURT

GRAFFEO, J.

We are asked in these two appeals whether towns may ban oil and gas production activities, including hydrofracking, within municipal boundaries through the adoption of local zoning laws. We conclude that they may because the supersession clause in the statewide Oil, Gas and Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate...

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