Two for Two in Round One: NY Supreme Court Upholds Town of Middlefield’s Fracking Ban

On Friday, February 24, New York Supreme Court Justice Donald F. Cerio, Jr., upheld the town of Middlefield’s ban on natural gas development within its borders, just three days after Justice Phillip R. Rumsey upheld Dryden’s nearly identical ban. The Dryden and Middlefield decisions are the first to consider whether municipalities in New York may exercise their home rule authority to zone out natural gas development, and these initial rulings may embolden many town officials, previously unsure about their authority, to ban natural gas drilling within their municipalities.

We anticipate that the Dryden plaintiff, a Colorado-based gas company, and Middlefield plaintiff, Cooperstown Holstein Corporation (owned by Jennifer Huntington, a farmer who has leased her land), will both appeal the decisions. Thus, while this is a victory, we again urge you to call your State Senator and Assembly Member and ask them to pass the Home Rule Bill, A8557/A3245/S5380, which would legislatively guarantee your municipality’s right to protect you from fracking! You can find your Senator’s contact information here and your Assembly Member’s here.