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New York Appellate Court Affirms Enforceability of Local Ban Against Fracking

2687_104008550336_4278131_nIn two key decisions, New York’s Appellate Division, Third Department, affirmed two localities’ bans on fracking.  Specifically, in Cooperstown v. Town of Middlefield and in Norse Energy v. Town of Dryden, the Court reviewed whether the Supreme Court correctly rejected the energy companies’ argument that the localities’ bans on fracking were preempted by New York state law. In the respective appeals, several interests groups were granted leave to file amici curiae briefs, including environmental groups, towns, and industry.   The Court first recognized that the…

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