NY Court of Appeals Holds Local Governments Have Authority to Regulate Hydrofracking Through Zoning

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
Nos. 130 & 131
in the statewide Oil, Gas and Solution Mining Law (OGSML) does
not preempt the home rule authority vested in municipalities to
regulate land use. The orders of the Appellate Division should
therefore be affirmed.

 

 

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