Norse Energy Corp. USA v. Town of Dryden
CASES RELATED BY THIS ISSUE
U.S. Chamber urges NY appellate court to overturn decision holding local zoning ordinances prohibiting oil and gas extraction through hydraulic fracturing are not preempted by state law (NY Court of Appeals)
The U.S. Chamber urged the New York Court of Appeals to reverse a decision by the New York Supreme Court, Appellate Division, which upheld a trial court decision that concluded that New York's oil and gas law does not expressly preempt the town of Dryden’s oil and gas regulation. In this case, the town of Dryden enacted a complete prohibition on oil and gas drilling within its borders. In its amicus brief, the Chamber argued that Middlefield's zoning regulation is preempted by ECL § 23-0101 et seq. The Chamber warned that allowing Dryden's zoning regulation to stand would impede access to resources in a critical areas and leave important and highly technical regulatory matters to the judgment of thousands of local zoning authorities rather than in the NYSDEC as the legislature had intended.
Previously, the U.S. Chamber filed an amicus brief with the New York Supreme Court, Appellate Division urging that court to reverse a judgment by the Supreme Court.
This case has not been decided by the New York Court of Appeals.
Previously, the New York Supreme Court, Appellate Division held that the local zoning ordinances were not preempted by state law.
New York Court of Appeals Procedural History
U.S. Chamber amicus brief filed 6/14/13. Motion for Leave to Appeal Granted 8/29/13
New York Supreme Court, Appellate Division Procedural History
U.S. Chamber amicus brief filed 10/17/12. Decided 5/2/13.