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

Federal Judge Halts DOE's Crackdown on Diversity Programs

Alerts

Alternative Dispute Resolution: A Beginner's Guide to Arbitration, Mediation, and Settlement Conferences

Alerts

IRS Guidance Limits the Use of Five Percent Safe Harbor to Low-Output Solar Facilities

Alerts

New York Public Service Commission Denies New York Power Authority Petition to Designate Clean Path Transmission Project a Priority Transmission Project

Alerts

NYS Legislature Seeks to Restrict Time Period for Third-Party Actions

Alerts

United States Department of Justice Issues Antidiscrimination Guidance to Federal Funding Recipients