Dryden Preemption Case Appealed
Submitted by admin on Sun, 04/01/2012 - 21:45
The West Firm announced today [3-30-12] that it has filed the necessary papers to take an appeal from the Dryden decision, which upheld the Town of Dryden’s ban on natural gas drilling. At the same time, the Firm announced that it has made a motion in the Middlefield case to renew consideration of the decision rendered by Judge Cerio, which reached a similar conclusion. In the Middlefield case, Judge Cerio noted the absence of any clear indication in the legislative history to the 1981 amendments to the Environmental Conservation Law to support a finding of broad preemption. Subsequent to receipt of his decision, The West Firm combed the state archives based upon the tip from a retired DEC employee, which indicated that there may be archived documents shedding light on the legislative history of the supersedure provision...
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