Energy

In two separate rulings Thursday, the state's Appellate Division, Third Department has ruled that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt municipal land use laws.

The decision on so-called 'home rule', was being closely monitored because of the implications for future resource development, which could include hydraulic fracturing or fracking. 

Gas and Oil producer Lenape Resources has filed a note of appeal as part of an attempt to overturn a court decision made in March that allowed the town of Avon to maintain its moratorium on fracking. This is the third case of this kind in upstate New York.

Opponents of hydro fracking are charging there’s a potential conflict of interest with a consultant to Governor Cuomo’s environmental agency. They are asking that the years-long review of fracking in New York be restarted. The controversy caused the consultant in question to sever all ties with a gas industry lobby group.

It all began on Monday with a letter.