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NY: Local Ban Struck Down

By Greg Russell

The Press & Sun-Bulletin is reporting that a state Supreme Court judge has struck down a local drilling ban in New York:  "In an order signed Tuesday, state Supreme Court Justice Ferris D. Lebous said the local ordinance signed into law by Binghamton Mayor Matthew T. Ryan last December 'fails to meet the criteria for a properly enacted moratorium' because the city could not prove drilling presents an impending crisis, or that there is a dire need to prevent it."  (Emphasis is ours.)  More:  "'The court recognizes that ... there may be fierce opposition to gas exploration, extraction and storage by some members of the community,' Lebous wrote in his 15-page decision. 'However, the city cannot invoke its police power solely as a means to satisfy certain segments of the community.'"  (Emphasis is ours.)

Interesting.

Tags: Preemption, Energy

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