New York State’s top court has agreed to hear arguments in a pair of cases that challenge whether municipalities can ban natural-gas drilling within their borders. The state Court of Appeals announced Thursday that they would take on cases against the Tompkins County town of Dryden, as well as the Otsego County town of Middlefield, despite unanimous rulings in mid-level appeals court which have upheld those towns’ drilling bans. Dryden and Middlefield passed zoning laws that prohibit gas drilling and hydrofracking. In both instances, the Supreme Court and Appellate Division judges sided with the towns, ruling they were within their rights to keep the industry out. The attorney for the landowner suing the town of Middlefield argues that the state’s Environmental Conservation Law gives all authority to the state when it comes to oil and gas mining. They argue that the bans by the towns are in direct violation of this law. Although the decisions by the Appellate Division court were unanimous, the Court of Appeals is able to grant a motion to allow for any non-split decision cases to be heard at the next level. Last year, less than seven percent of cases were granted that request. Large-scale fracking still remains off limits throughout New York state as Governor Cuomo’s administration continues to determine whether to allow it. Over 100 municipalities across the state have moved to prohibit the drilling.
