Ten NY Law Professors Submit Amicus Brief in Gas Drilling Case
Patricia Salkin | December 30, 2012
“Patricia E. Salkin is Dean and Professor of Law at the Touro College Jacob D. Fuchsberg Law Center. She previously served as Associate Dean, Raymond & Ella Smith Distinguished Professor of Law, and Director of the Government Law Center of Albany Law School. She is a member of the faculty of the ALI-ABA Land Use Institute, and has served as a lecturer at the University of Pennsylvania’s School of Design.
Dean Salkin is a nationally recognized expert on land use law and zoning.Her land use publications include: The 4-volume 4th edition of New York Zoning Law & Practice (1999); the 5-volume 5th edition of American Law of Zoning; Land Use & Community Development, 8th ed. (Thomson West) (with Nolon) (2012);….
“I am pleased to have joined with nine other law professors in an amicus brief to the NY Appellate Division, 3rd Dept. in Norse Energy v Town of Dryden. Our brief focuses not on whether hydrofracking presents positive opportunities or negative consequences for New York, but rather on the question of municipal home rule authority. The brief argues that state law presently does not expressly or impliedly preempt local control on the subject of gas drilling. Further, we assert that the suggestion of an implied preemption is unconstitutional and a violation of state statutes that define local government authority. The brief makes it clear that a number of local governments have welcomed gas drilling and others prefer not to allow the use within their borders. The point is, that each local government has and should have the power to reach these conclusion for themselves, regardless of other policy debates regarding the hydrofracking controversy. Special thanks to Professor Rick Hills of NYU for coordinating this effort, along with the Columbia Environmental Law Clinic and Morningside Heights Legal Services, Inc. for their work.”
Below are links to the amicus briefs filed, as well as the briefs of the parties. In all likelihood, regardless of what the appellate division decides, this case is eventually headed to the Court of Appeals.
A copy of the amicus brief from the law professors is available here
The Town’s Brief is available here
The amicus brief of the Catskill Riverkeeper and other environmental groups is available here
The amicus brief of the Town of Ulysses, the Association of Towns of the State of NY, the NY Planning Federation and the New York Conference of Mayors is available here”
The Farm Bureau’s brief is available here
And the DEC has issued a new advertisement for Home Rule