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Matthew Jokajtys | May 16, 2013
Municipalities in New York have received the green light to regulate fracking – even to the point of banning it – through local zoning ordinances. It’s a second consecutive victory for municipalities in the New York courts, and an affirmation of New York’s long history of vesting decision making powers in local governments through Home [...]
Matthew Jokajtys | February 5, 2013
There are perhaps few other sights so closely associated with the summer scene at Coney Island than the wooden boardwalk. Predating even the venerable Coney Island Cyclone roller coaster, the boardwalk has been the main thoroughfare along which have strolled generations of New Yorkers and tourists alike, out for a game of ski-ball, some ice [...]
James J. Periconi, Esq. | June 29, 2012
Previously in our “Fracking NY” Blog Series, we summarized the two recent New York Supreme Court cases — Anschutz Exploration Corp. v. Town of Dryden, 940 N.Y.S.2d 458 (Sup. Ct. Tompkins Co. Feb. 21, 2012) and Cooperstown Holstein Corp. v. Town of Middlefield, 2012 N.Y. Misc. LEXIS 1420 (Sup. Ct. Otsego Co. Feb. 24, 2012), [...]
James J. Periconi, Esq. | 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 [...]
James J. Periconi, Esq. | 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 [...]
James J. Periconi, Esq. | 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 [...]
Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear Destruction of Oil Spill Investigation Data Ruled Not Sufficiently Prejudicial to Warrant the Dismissal of a Cost Recovery Action Under Navigation Law § 12 EPA to Defend its “Proposed Plan” for Remediating the Gowanus Canal Superfund Site During Public Meetings on January 23 and 24, 2013 DEC “Incidental Take” Permit Regulations Survive Challenge “Fracking NY” Blog Series: Update – Federal Regulations 11th Circuit Decision Follows that of Niagara v. Mohawk: Under CERCLA, Parties Who Enter Into Consent Decree with Government Are Limited to a § 113(f) Contribution Claim 