Fracking Debate Heads to State’s Highest Court

New York’s hydrofracking debate is raging on at the state’s top court. The Court of Appeals listened to arguments in cases revolving around the issue of fracking bans and local zoning issues as they relate to drilling in the towns of Dryden in Tompkins County and Middlefield in Otsego County. To date, the lower courts have upheld the towns’ right to ban drilling through local zoning ordinances, but now the seven-member Court of Appeals will be hearing both sides’ cases. A joint hearing was held Tuesday to focus on the state’s oil-and-gas law, which includes a clause to keep local governments from regulating the industry, except when it comes to road use and taxes. Now the court will decide if the towns are within their rights to use zoning laws to hold their moratoriums in place. Most recently, the state Appellate Division ruled unanimously in favor of the towns.