“Fracking NY” Blog Series: Part 6 – Courts Uphold Two Local Zoning Bans on Fracking in New York State – Town of Middlefield (Part II)

| March 7, 2012

So far in the Periconi, LLC “Fracking NY Blog Series,” we’ve outlined state, interstate, and federal regulation of high volume horizontal hydraulic fracturing (or “fracking”).  We now turn to yet another layer of potential regulation of fracking in New York State: local zoning ordinances.  Two towns – Dryden and Middlefield – which have enacted zoning [...]

“Fracking NY” Blog Series: Part 6 – Courts Uphold Two Local Zoning Bans on Fracking in New York State – Town of Dryden (Part I)

| March 7, 2012

So far in the Periconi, LLC “Fracking NY Blog Series,” we’ve outlined state, interstate, and federal regulation of high volume horizontal hydraulic fracturing (or “fracking”).  We now turn to yet another layer of potential regulation of fracking in New York State: local zoning ordinances.  Two towns – Dryden and Middlefield – which have enacted zoning [...]

Generalized Community Knowledge Does Not Trump Expert Conclusions

| December 13, 2011

The Appellate Division of New York State Supreme Court, Third Department, upheld a lower court decision that it was improper for a local planning board to deny a special use permit based on “generalized community knowledge” in opposition to a development proposal, when an unchallenged expert report concluded that the proposal would not harm the [...]