Fracking bans okay in New York; Court rules against drillers in Dryden, Middlefield
The Joint Landowners Coalition of New York (JLCNY) issued a statement saying, “our 77,000 landowners are disappointed that the Appellate Division affirmed the decisions in the Middlefield and Dryden cases. These decisions continue to wreak havoc in our towns, displacing most town business with issues that should be decided at the state level. Local municipalities are simply not equipped to decide issues affecting our state and national interests in producing clean domestic energy. New York cannot have a ‘not in my back yard approach’ to energy development.”
Norse Energy has said it will begin the process to appeal the decision to the state’s highest court. JCLNY wrote, “It is clear that only the Court of Appeals can resolve this conflict since the Appellate Division’s decision relies upon the Court of Appeals decision interpreting the mining law in (a case called) Frew Run.”
But because the appellate level judges ruled four to zero, and this was not a case where the court overturned a lower court ruling, some legal observers believe it is quite possible that the Court of Appeals will decline to hear the case.