Right-to-Decide on Fracking Heads to Appeals Court
8/29/2013 (Updated 11:17:24 PM)The issue of whether municipalities have a right to ban fracking is not yet decided.
The New York State of Appeals Court announced it will review the lower court rulings regarding the Dryden and Middlefield cases.
Earlier this year a lower court ruled against the Joint Landowners Coalition allowing the Towns of Dryden and Middlefield to ban fracking.
But the fight hasn't ended there. Profrackers say the court's decision to hear an appeal of the the case is a victory in their battle to bring fracking to New York State but antifrackers say it's just routine.
"We got the New York State Court of Appeals-our state's highest court-deciding that this is a decision that needs review," said Scott Kurkoski the Joint Landowners Coalition attorney.
"It in no way signals-you can't read anything one way or the other to the fact that the court of appeals has accepted the appeal. Over 50% of the cases that the Court of Appeals expects to hear, it does not reverse," said Helen Slottje, the defense's managing attornery.
Pro-industry groups claim fracking needs to be left to the state or federal government. Anti-frackers say municipals can decide to ban fracking through home rule land use powers.
Briefs are expected to be submitted to the court within the next six to eight months.
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