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<\/p>\n\u201cToday the Court stood with the people of Dryden and the people of New York to protect their right to self determination. It is clear that people, not corporations, have the right to decide how their community develops,\u201d Dryden Deputy Supervisor Jason Leifer said in a statement.<\/p>\n
In the majority opinion, Associate Judge Victoria Graffeo wrote that the ruling wasn\u2019t about whether or not fracking was good for New York\u2014it was about the balance of power between state and local government.<\/p>\n
\u201cThese appeals are not about whether hydrofracking is beneficial or detrimental to the economy, environment or energy needs of New York, and we pass no judgment on its merits,\u201d she wrote. \u201cThe discrete issue before us, and the only one we resolve today, whether the State Legislature eliminated the home rule capacity of municipalities to pass zoning laws that exclude oil, gas and hydrofracking activities in order to preserve the existing character of their communities.\u201d<\/p>\n
The battle over the two towns\u2019 fracking bans began in 2011, when an oil-and-gas company first challenged Dryden\u2019s ban on fracking. Not long after, landowner Cooperstown Holstein Corp. challenged Middlefield\u2019s ban.<\/p>\n
The state of New York has had a fracking moratorium in effect since 2008, to give the state time to study the practice. Gov. Andrew Cuomo has said he won\u2019t decide whether or not to extend the ban until the state\u2019s health impact review is completed.<\/p>\n","protected":false},"excerpt":{"rendered":"
The New York Court of Appeals upheld the ruling of a lower court that local governments have the authority to decide how land is used, which includes deciding whether or not fracking and drilling should be allowed on that land. The plaintiffs in those lawsuits argued that New York\u2019s oil,…<\/p>\n