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December 08, 2016
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New York’s highest court to hear fracking, home rule case

So far the lower courts have not agreed with Gill’s interpretation of the Environmental Conservation Law. Two supreme courts and the Appellate Court have ruled essentially that the law gives jurisdiction over how drilling may be conducted to the Department of Environmental Conservation, but the towns may still determine where drilling may occur in the municipality or if it may occur at all.

Meanwhile, Governor Andrew Cuomo is still awaiting the results of a health survey before finalizing fracking in the Empire State, and therefore a ban remains in place for the entire state five years after the rule making process began.