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    LSchnapf
    Two New York State Courts Uphold Zoning Ordinances Banning...
    Entry posted March 7, 2012 by LSchnapfElite Contributor , last edited March 24, 2012
    493 Views, 2 Comments
    Title:
    Two New York State Courts Uphold Zoning Ordinances Banning Fracking
    Entry:

    While the NYSDEC labors with drafting rules for regulationg hydraulic fracturing (fracking), local governments in New York are taking action to ensure that fracking operations do not occur in their jurisdictions. One common tool is to adopt zoning ordinances that prohibit all activities related to the exploration, production or storage of natural gas and petroleum.

    Companies that own gas leases as well as property owners have also been active, filing legal challenges to these zoning laws. The plaintiffs have asserted that the ordinances are pre-empted by the state Oil, Gas and Solution Mining Law. However, the first two decisions to be decided have upheld these local ordinances. The courts have found no evidence of express pre-emption and have also found no conflict with the state law. Both courts viewed the state laws as protecting the "how" to conduct oil and gas exploration or production while the zoning laws governed the "where" such operations could be conducted.

    More information about these cases is available from my website at: http://www.environmental-law.net/2012/03/two-ny-state-courts-uphold-zoning-ordinances-banning-fracking/,      

    Keywords:
    fracking

    Comment

     

    • kevin

      cool

    • Russ

       any town, city, county or state and its ctizens passing such ordinances should be precluded from ever again having any access whatsoever to any fossil fuel, hydrocarbon product or byproduct or energy produced from such. The shallow gene pool these idiots come from would soon be void of offspring and the world a better place.