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Posts tagged "New York municipal law"

New Rules Governing Hazardous Waste Storage in New York City are Coming Into Effect: Will Your Facility be Ready?

In the wake of Hurricane Sandy, the New York City Council passed a flurry of laws designed to increase the resiliency of the City during future storm events. One of these laws, Local Law 143, requires operators of facilities that store hazardous substances to file additional information with the City under the Community Right to Know Program. Local Law 143, together with related amendments to the New York City Administrative Code, became effective March 30, 2014 and may change what your facility needs to report for 2015 reporting year. Will your facility be ready to comply with the new requirements? 

New York's Highest Court to Weigh in on Local Fracking Bans in Closely-Watched Dryden and Middlefield Cases

In a highly unusual move, the New York Court of Appeals has decided to hear an appeal despite an intermediate appeals court's unanimous ruling. It was no surprise that Norse Energy Corp. USA appealed that lower court ruling upholding the right of New York municipalities to regulate fracking through local land use laws. But court watchers in general, as well as fracking followers, were surprised by the high court's ruling, are looking forward to that court's ruling in Matter of Norse Energy Corp. USA, v. Town of Dryden et al., APL-2013-00245, that will offer the most authoritative state-level ruling possible on the fate of fracking in New York State. 

New York's Highest Court to Weigh in on Local Fracking Bans in Closely-Watched Dryden and Middlefield Cases

In a highly unusual move, the New York Court of Appeals has decided to hear an appeal despite an intermediate appeals court's unanimous ruling. It was no surprise that Norse Energy Corp. USA appealed that lower court ruling upholding the right of New York municipalities to regulate fracking through local land use laws. But court watchers in general, as well as fracking followers, were surprised by the high court's ruling, are looking forward to that court's ruling in Matter of Norse Energy Corp. USA, v. Town of Dryden et al., APL-2013-00245, that will offer the most authoritative state-level ruling possible on the fate of fracking in New York State. 

Appellate Division Upholds Right of New York Municipalities to Regulate Fracking through Zoning Ordinances

Municipalities in New York have received the green light to regulate fracking - even to the point of banning it - through local zoning ordinances. It's a second consecutive victory for municipalities in the New York courts, and an affirmation of New York's long history of vesting decision making powers in local governments through Home Rule. 

After Surviving a Legal Challenge, the Coney Island Boardwalk is "Going Green"

There are perhaps few other sights so closely associated with the summer scene at Coney Island than the wooden boardwalk. Predating even the venerable Coney Island Cyclone roller coaster, the boardwalk has been the main thoroughfare along which have strolled generations of New Yorkers and tourists alike, out for a game of ski-ball, some ice cream, or simply to enjoy the ocean views.

"Fracking NY" Blog Series: Update - Decisions Upholding Zoning Bans on Fracking in NY Appealed

Previously in our "Fracking NY" Blog Series, we summarized the two recent New York Supreme Court cases - Anschutz Exploration Corp. v. Town of Dryden, 940 N.Y.S.2d 458 (Sup. Ct. Tompkins Co. Feb. 21, 2012) and Cooperstown Holstein Corp. v. Town of Middlefield, 2012 N.Y. Misc. LEXIS 1420 (Sup. Ct. Otsego Co. Feb. 24, 2012), which both upheld local municipalities' authority to ban oil and gas operations (as a round-about way of banning the controversial high-volume hydraulic fracturing, or "fracking," operations specifically) - as being not preempted by the State Oil and Gas Act ("OGSML"). To read about those cases, please click here and here. As we expected, both of those cases were appealed to the Supreme Court of New York, Appellate Division, Third Department.

"Fracking NY" Blog Series: Part 6 - Courts Uphold Two Local Zoning Bans on Fracking in New York State - Town of Dryden (Part I)

So far in the Periconi, LLC "Fracking NY Blog Series," we've outlined state, interstate, and federal regulation of high volume horizontal hydraulic fracturing (or "fracking"). We now turn to yet another layer of potential regulation of fracking in New York State: local zoning ordinances. Two towns - Dryden and Middlefield - which have enacted zoning ordinances that ban fracking within their borders have had those zoning ordinances challenged by industry and/or landowners. In the past week, both of these cases were decided in favor of upholding the bans. This blog post will cover the Town of Dryden case. (Click here for the Town of Middlefieldcase.)

Generalized Community Knowledge Does Not Trump Expert Conclusions

The Appellate Division of New York State Supreme Court, Third Department, upheld a lower court decision that it was improper for a local planning board to deny a special use permit based on "generalized community knowledge" in opposition to a development proposal, when an unchallenged expert report concluded that the proposal would not harm the environment.

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