New York Towns Can Ban Fracking Even If State Allows It: Court Ruling

Hundreds of protestors shout 'Ban Fracking Now' at a rally outside Gov. Cuomo's Manhattan fundraiser at the Hyatt Hotel on Monday. Also Monday, a top state court ruled that towns can ban the drilling practice even if the state allows it.  Nancy Siesel for new york daily news

nydailynews.com - by Kenneth Lovett - June 30, 2014

ALBANY — The state's top court on Monday ruled that local communities can ban the controversial drilling technique known as hydrofracking, whether or not the state agrees to allow the practice.

In its 5-2 decision, the Court of Appeals upheld local zoning ordinances passed by two central New York towns banning the drilling because of environmental concerns.

In her 28-page opinion, Judge Victoria Graffeo said the two towns “engaged in a reasonable exercise of their zoning authority.”

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