Another New York State Supreme Court Justice has supported Dryden's position that it has the power to ban gas drilling through zoning. The same decision threw out the City of Binghamton's own moratorium because it didn't fit the judge's take on New York State's rules, but wrote:
Recently two cases have been decided regarding the pre-emption of local laws pertaining to gas explorations, storage, and extraction. In those cases, the Honorable Philip R. Rumsey in Anschutz Exploration Corp. v. Town of Dryden, 35 Misc.3d 450, and the Honorable Donald F. Cerio, Jr. in Cooperstown Holstein Corp. v. Town of Middlefield, 35 Misc.3d 767, in well reasoned, well founded decisions, determined that ECL 23-0303(2) does not supersede local government's rights to regulate the use of lands within their jurisdictions. This court adopts the reasoning of those cases and holds that Local Law 11-006 [the Binghamton law] is not superseded by ECL-23-0303(2). (Emphasis added.)
The plaintiffs and supporters of drilling may be cheering a victory for now, but that last sentence suggests that it may not be a lasting victory.
Posted by simon at October 4, 2012 12:24 PM in Anschutz lawsuit