How Earth Justice helped my pals in the Town of Dryden, New York. There are environmental posers - even Environmental Defense Frauds and there is the real thing: http://earthjustice.org/ There are show-boating Shale Shysters, and there are solid lawyers - like Team Slottje and Deborah Goldberg, who helped defend the Town. A local group invited me to speak in Dryden two years ago. I was supposed to debate a representative from Chesapeake Energy and one from the Independent Oil & Gas … [Read more...] about Facing Frackers Down: The Dryden Story
Search Results for: dryden home rule
Leave for appeal has been granted for the New York high court to hear the appeal of the plaintiffs in the Dryden and Middlefield Home Rule cases. By agreeing to hear the case, the Supremes have signaled that this matter, which has been thoroughly adjudicated at four trial courts and one appellate court, has become an increasingly political matter, upon which they want the final say. http://www.nycourts.gov/ctapps/Decisions/2013/Aug13/DecisionList082913.pdf The legal issues have already … [Read more...] about NY Supremes To Hear Home Rule Appeal
Home Rule, a municipality's legal right to apply its zoning laws to oil and gas wells, was defended Tuesday in New York State's highest court, the Court of Appeals. The judges grilled both sides, but left the distinct impression that, if the Legislature wants to specifically preclude a municipality from applying land use laws to oil and gas drilling, the Legislature will need to expressly prohibit it. Because the statute in question clearly does not. The trial courts and the state appellate … [Read more...] about New York Court of Appeals Dryden Middlefield Home Rule Videos !
The Binghamton court decision affirms Home Rule as applied to gas wells, concurring with both the Dryden and Middlefield court. Problem is the case was not over a land use ordinance, but over a one-off ordinance which the court tossed as defectively enacted, as described in the press release below. Moral: All three courts have agreed that land use ordinances apply - so get your land use ordinance in shape. Before the DEC shovels their regs. out. First the Dryden ruling, then the Middlefield … [Read more...] about 3rd Court Affirms Home Rule
Born-Again-Billionaire Balks at Backing Bovine's Appeal Against Middlefield Born-Again Billionaire Phil Anschutz is balking at appealing his lawsuit against Dryden and may not back Cooperstown Holstein's appeal against the Town of Middlefield. Says it's too expensive, and is looking for some other group to pay for it. Anshcutz's lawsuit against the Town of Dryden was recycled by Anschutz's attorney / lobbyist Tom West, who represented the Middlefield plaintiff. West recycled most of the … [Read more...] about Anschutz Balks At Dryden Appeal
THE TOWNS OF MIDDLEFIELD AND DRYDEN WIN - FRACK BANS ARE SUSTAINED New York State's highest court, the Court of Appeals, has upheld the right of municipalities to apply their zoning ordinances to prohibt shale gas industrialization. After reviewing the Town of Dryden and Town of Middlefield trial court rulings, the Appellate Court's unanimous affirmation of those decisions, and listening to the oral arguments, the Court of Appeals ruled 5 to 2 in favor of the towns, affirming that oil and … [Read more...] about NEW YORK SUPREMES AFFIRM HOME RULE !
Where, selectively, some state court cases - such as the recent Pennsylvania Supreme Court ruling in favor of Home Rule - have no bearing on New York state law (correct) but that some anti Home Rule state court cases do have bearing on New York state law (wrong !). Note that this comes from the Disjointed Landowners Coalition's very own captive Shale Shyster, who has been trying to milk the landowners of their money in order to mount a publicity stunt against the State of New York. Catch is he … [Read more...] about Shale Shyster Opines on Home Rule in Every State But New York
Middlefield and Dryden defend Home Rule for all New Yorkers this Thursday in Albany. EarthJustice, the premier defenders of the public and the environment, is handling the case for the towns. The plaintiffs, a bankrupt Rent-a-Plaintiff and a corporate welfare queen, are represented by Chesapeake's lobbyist. The DEC is conspicuous in their absence from the Dryden and Middlefield lawsuits. That speaks volumes since both cases are about the DEC's ability to regulate drilling activities, in … [Read more...] about Defend Home Rule This Week !
The Town of Avon wins its Home Rule case, successfully defending its fracking moratorium. Town won on all counts - here's a copy of the ruling http://www.scribd.com/doc/131442865/Avon-HOME-RULE-Decision This case is more significant than the press has reported because the plaintiff made every conceivable allegation against the town, and the town won on all points: This is the fourth trial court to uphold Home Rule. Not the 3rd. The Binghamton court upheld the concept of Home Rule, while … [Read more...] about Avon Wins Big ! 4th New York Court Upholds Home Rule !
Greg Sovas, former water boy for the frackers at the New York Department of Mineral Resources, current wandering shale shill without portfolio, is now predicting that the New York legislature, or at least the politicos that have been bought off by the fracking lobbyists, are going to weigh in on Home Rule - on the side of the frackers. Which is a roundabout way of saying the frack lobbyists, including the one that has been arguing the case for the frackers, must think that the New York Supremes … [Read more...] about Out of Work Shale Shill Greg Sovas Expounds on Home Rule