Wallach v. Town of Dryden

These two appeals concerned the efforts of two corporations to explore and develop natural gas resources in two municipalities. In response, both municipalities adopted amendments to their zoning laws that prohibited all oil and gas exploration. The corporations brought actions challenging the zoning laws. Supreme Court declared the zoning laws valid, and the Appellate Division affirmed. The Court of Appeals affirmed, holding that the supersession clause in the statewide Oil, Gas and Solution Mining Law does not preempt the home rule authority vested in municipalities to regulate oil and gas production activities, including hydrofracking, within municipal boundaries through the adoption of zoning laws. View "Wallach v. Town of Dryden " on Justia Law