Amicus brief filed in the Court of Appeals

This week, The Business Council of New York State, Inc. joined with the Joint Landowners Coalition of New York, Inc., the National Association of Royalty Owners, NARO-NY, the Upstate New York Towns Association, Inc., and Southern Tier Residents for Economic Independence to file an amicus brief with the New York State Court of Appeals requesting the court reverse lower courts’ decisions involving two natural gas cases.

The brief states that the lower courts’ misapplications of the legal preemption issues in the cases Norse Energy Corp. USA vs. Town of Dryden and Town of Dryden Town Board, and Cooperstown Holstein Corp. vs. Town of Middlefield, further support the preemption of townwide bans on all oil and gas activities. It also highlights that New York state has an overriding interest in the development and promotion of its oil and gas reserves, and that there is a need for uniformity across the state with a comprehensive state law that supersedes restrictive and inconsistent local laws and ordinances.

The brief argues that decisions on New York’s natural resources must be made at the state level by New York state and the New York State Department of Environmental Conservation. As such, the brief calls on the New York State Court of Appeals to reverse the lower courts’ decisions so that, if state leaders decide they can bring overwhelming economic and environmental benefits to New York through natural gas extraction, that they are able to do so without encountering problematic constitutional issues.

Read the full amicus brief.

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