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High Court Rejects Last Ditch Industry Effort to Challenge Local Fracking Ban Victory

Upholds the zoning rights of communities across New York State
A farmhouse near the town of Dryden in upstate New York.

A farmhouse near the town of Dryden in upstate New York.

Chris Jordan-Bloch / Earthjustice
October 16, 2014
Albany, NY —

Today, the New York Court of Appeals, the state’s highest court, rejected an attempt by the oil and gas industry to revive a case on local fracking bans that the court decided earlier this year. In the precedent-setting decision, the Court ruled that the towns can use local zoning laws to ban heavy industry, including oil and gas operations, within municipal borders.

The following is a statement by Earthjustice Managing Attorney Deborah Goldberg, who represented the Town of Dryden in the case. 

“We are not surprised that the Court refused to give the oil and gas industry a second bite at the apple. The law of the state is clear, and it supports local zoning of high impact industrial land uses. But we’ll gladly celebrate with the people of Dryden and communities throughout New York whose rights once again have been upheld.”


Kathleen Sutcliffe, Earthjustice, (212) 845-7380

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