New York Court of Appeals, the state’s highest court, rejects oil and gas industry’s second bite at communities, Towns can use local zoning laws to keep fracking out

New York high court upholds community fracking bans by Bob Downing, October 16, 2014, ohio.com

From Earthjustice today:

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.”

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Court of Appeals decision (page 11)

[Refer also to:

Why was a 2012 Health Canada Report, admitting significant health hazards and risks to groundwater and air from hydraulic fracturing, kept from the public?

Massive Legal Victory in New York State: Towns can ban fracking; New York’s highest court ruled in 27 days

Compendium of scientific, medical, and media findings demonstrating risks and harms of fracking (unconventional gas and oil extraction) ]

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