Preemption Argument Asserted In Second New York Lawsuit Challenging Local Ordinances Banning Fracking
A dairy farm located in the Town of Middlefield has commenced a lawsuit against Middlefield in the Supreme Court, Otsego County. The complaint alleges that Middlefield’s recently enacted zoning ordinances that prevent hydraulic fracking in Middlefield are preempted by §23-0303 of New York’s Department of Environmental Conservation Laws.
The plaintiff, Cooperstown Holstein Corp., owns land that is subject to the zoning law and has entered into oil and gas leases with non-parties Elexo Land Services, Inc. and Covalent Energy Corporation. This preemption arguments asserted in this lawsuit are very similar to the arguments being made by the petitioner in Anshutz Exploration Corporation v. Town of Dryden, (N.Y. Sup. Ct., Tompkins County). A copy of the complaint can be found here.