Tuesday, January 27, 2015 - 4:01:21 PM

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Can Dryden Ban Fracking?

Attorneys will argue whether municipalities have the right to ban fracking in front of the highest court in the state tomorrow...

The arguments center around land use regulations enacted by the Towns of Dryden and Middlefield surrounding  heavy industry, including oil and gas development. The state supreme court and appellate division have upheld the bans. these arguments in front of the state's highest court, the New York State Court of Appeals, will mark the final round of litigation in the case.

"The important thing is we preserve the right of the state to make the decision about energy. We have over 900 towns in New York. We can't turn this decision over to 900 towns and have an effective energy policy," said Scott Kurkoski, attorney for the Joint Landowners Coalition of New York.

"Traditional powers of local governments to regulate land use to protect private property and community values is being sought to be overturned for the sake of one industry where something like that has never been done before," said Deborah Goldberg, Managing Attorney from Earthjustice.

A decision from the court of appeals could take months.

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