February 24, 2012 —
MIDDLEFIELD, NY - For the second time this week, a judge has ruled that New York State towns have the right to establish zoning ordinances that ban natural gas drilling within their borders. Otsego County Acting Supreme Court Justice Donald Cerio, in the case of Cooperstown Holstein, Corp. v. the Town of Middlefield, ruled that the clause in state environmental conservation law that prohibits towns from passing laws that regulate oil and gas drilling does not preempt a municipality's rights to control land use.
A prior ruling this week, in the case of Anschutz v. the Town of Dryden, came to the same conclusion.
It is expected that both decisions will be appealed.
The decision can be viewed here.