Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Blog Post

October 7, 2013

Court of Appeals Sets Schedule for Dryden and Middlefield Appeals

As previously reported, the New York Court of Appeals has agreed to weigh in on whether local municipalities are preempted under the New York Oil, Gas and Solution Mining Law from determining whether or where natural gas drilling occurs in a particular locality.  More specifically, the Court elected to consider anew the intermediate appellate decisions in Norse Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, both of which found municipal bans on natural gas development to be a valid exercise of home rule. (See our analysis of how the Third Department, Appellate Division got it wrong at http://hblaw.com/alerts/New-York-Appellate-Court-Upholds-Drilling-Bans-05-06-2013). 

The New York Court of Appeals has now set the briefing schedule for the Dryden and Middlefieldhome rule cases.  The Appellants in the two cases, Norse Energy and Cooperstown Holstein, must file their opening briefs by October 28, 2013.  The towns’ response briefs are then due December 16, 2013 and any reply briefing by Norse Energy and Cooperstown Holstein is due January 6, 2014.  Oral argument has not yet been scheduled. 

Based on this schedule, it is estimated that that cases will be heard during mid- to late-Spring 2014, with a decision forthcoming sometime during the Summer of 2014.

Featured Media

Alerts

California's Updated Privacy Regulations: Automated Decisionmaking Technology, Cybersecurity Audits, and Risk Assessments, Part 1

Alerts

Pharmacies on High Alert: Optum Rx's 25-Percent Therapeutic-Class Cap Creates Major Legal, Operational, and Competitive Risks

Alerts

New York State Clarifies Property Taxation of Wind and Solar Projects

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Michael Mitchell, Edelmira Guerrero, Ana Jimenez, Dustin Youngren, William O'Donnell, Sophia Faldonie, and Kathy Wu—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

New York State Now Requires Public Bidders to Implement Protections Against Gender-Based Violence in the Workplace

Alerts

Successor Liability: The Catch Behind "Free and Clear" in Bankruptcy Sales