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Dryden, NY Ban on Fracking Upheld in First Test of Law

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New York Supreme Court Judge Phillip Rumsey has ruled that Dryden, a town in central New York, can block natural gas drilling, stating that the town’s zoning amendment on natural gas drilling was not pre-empted by state law.

The ruling comes after Denver-based Anschutz Exploration Corp., filed a lawsuit seeking to overturn a gas and oil ban in, and around the town of Dryden (located about 200 miles northwest of Manhattan.)

An attorney for Dryden said the judge’s ruling was a “pretty substantial victory.” “The pertinent part of it is, he declared that the zoning amendment as slightly modified is not pre-empted by state law.”

An attorney for Anschutz said he was disappointed by the judge’s decision, and that “These pure questions of law have a tendency to get reviewed, and different judges can see it differently…We still feel very confident in our position that the oil and gas law does pre-empt municipalities from these types of regulation.”

Thus far, New York is the only state that lets municipalities ban natural gas fracking, Bloomberg reported. disclaimer: This article: Dryden, NY Ban on Fracking Upheld in First Test of Law was posted on Wednesday, February 22nd, 2012 at 9:38 pm at and is filed under Toxic Substances Lawsuits.

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