ALBANY, N.Y. – New York's highest court has rejected an attempt by the oil and gas industry to revive its fight against local fracking bans.
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In a precedent-setting decision last June, the Court of Appeals ruled that communities have the right to use local land-use authority to prohibit oil and gas operations within their borders. On Thursday, the court denied a motion by the trustee for bankrupt Norse Energy to reargue its case against the town of Dryden.
Norse Energy had argued that such local laws were pre-empted by a state law that delegates all authority to regulate oil and gas development to the state.
New York has had a moratorium on shale gas development since 2008.