dryden

4:19pm

Tue June 3, 2014
Energy

Parties revisit home rule arguments in Court of Appeals

Attorney representing the bankruptcy trustee for Norse Energy makes his oral argument before the Court of Appeals. Earthjustice attorney Deborah Goldberg listens in the foreground.
Credit Innovation Trail

The debate over whether a municipality can ban hydraulic fracturing within its borders was brought before the State Court of Appeals Tuesday afternoon. The town of Dryden is defending its right to home rule against lawyers representing the bankruptcy trustee for Norse Energy.

Earthjustice managing attorney Deborah Goldberg says she feels confident bringing the case before the court because home rule is protected by the state constitution and New York isn’t alone.

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3:14pm

Wed October 30, 2013
Energy

Whose fault was Norse Energy's bankruptcy?

http://norseenergycorp.no/index.php?name=About_Norse_Energy_Corp

New York’s hold on high-volume hydrofracking has entered its sixth year. So Norse Energy first tried to stay afloat until fracking’s approval, then gave up and converted to Chapter 7, a complete shutdown of operations. The company and fracking supporters cited the state’s de factor moratorium as the obvious culprit.

Norse’s former chief legal officer Dennis Holbrook says drillers just can’t compete anymore using the drilling methods still allowed in New York.

“The easiest analogy I could give you, if you had a Model T and you were racing other Model T’s and you were doing fine and the next generation of vehicles comes out and you were still being told that all you can do is use your Model T.”

But the company was still drilling vertical wells in New York. In 2010, Norse approached Buffalo-based Bradford Drilling Associates about a 30-well project in the Herkimer sandstone formation.

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2:26pm

Thu May 2, 2013
Energy

Home Rule case could still go to Court of Appeals, say attorneys

The state’s second highest court, the Appellate Division for the 3rd Department, has ruled in favor of New York towns with bans on gas drilling. In two decisions released Thursday, a four-judge panel ruled unanimously in favor of the Towns of Dryden and Middlefield.

Earthjustice attorney Deborah Goldberg argued for the Town of Dryden. She says the unanimous decisions put to rest the question of whether New York towns can ban drilling.

“I think that it’s quite clear that there is no dispute among them and there should be no dispute generally on this issue,” says Goldberg.

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1:07pm

Thu May 2, 2013
Home Rule

State appellate court upholds 'home rule' over OGSML laws

Matt Richmond/WSKG

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. 

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10:57am

Fri March 22, 2013
Fracking

Arguments over fracking bans focus on one sentence

A drilling rig in Pennsylvania, where Act 13 prevents towns from controlling where drilling can take place. State courts have blocked Act 13.
Matt Richmond WSKG

Deborah Goldberg, an attorney with Earthjustice, explains the Town of Dryden's case to reporters after oral arguments in Albany. Also, Town of Dryden Supervisor Maryann Sumner talks about the town's rationale in passing the ban.

Oral arguments were completed Thursday in the case that will decide whether New York towns have the right to ban gas drilling. The case comes down to how the panel of four judges will interpret a single sentence.

Environmental Conservation Law 23-0303 says, "The provisions of this law shall supersede all local laws and ordinances relating to the regulation of the oil, gas and solution mining industries."

It then goes on to affirm local authority over road use and property taxes.

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