Forum

New York Court of Appeals

Case Status

Decided

Docket Number

515227

Share

Case Updates

NY appellate court affirms decision holding local zoning ordinances prohibiting oil and gas extraction through hydraulic fracturing are not preempted by state law

June 30, 2014

The New York Court of Appeals concluded that towns may ban oil and gas production activities, including hydro-fracking, within municipal boundaries through the adoption of local zoning laws. The court reasoned that 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 land use. Therefore orders of the Appellate Division were affirmed.

Decision by New York Supreme Court, Appellate Division

May 02, 2013

The New York Supreme Court, Appellate Division held that the local zoning ordinances were not preempted by state law.

Decided 6/30/2014.

Oral Argument held 6/3/2014.

U.S. Chamber amicus brief filed 4/18/2014.

Motion for Leave to Appeal Granted 8/29/13

U.S. Chamber amicus brief filed 6/14/13.

New York Supreme Court, Appellate Division Procedural History

U.S. Chamber amicus brief filed 10/17/12. Decided 5/2/13.

Case Documents

Search