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.https://leagle.com/images/logo.png
Argued June 3, 2014.
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.
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.
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.
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.
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.
Court of Appeals of New York.
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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