actually discusses the legal issues - both past precedents that set the stage and what this could mean.
But whether an outright ban is the same as a regulation is an unresolved question, and one the court will likely be forced to address more often now, beginning with the case against Dryden....
State appellate courts have never reviewed the scope of the ECL's pre-emption provision, but the Court of Appeals has twice ruled that a similar statute, the Mine Land Reclamation Law, does not pre-empt local zoning ordinances.
To some, this suggests that the courts should rule similarly with regard to gas drilling.
Most of the legal opinions in it come from attorneys (West, Joy) completely in the pocket of the gas companies, but it's still worth a read.
Posted by simon at September 21, 2011 8:19 AM in energy