2nd New York Court Upholds Local Zoning Regulations That Ban Gas Drilling

COOPERSTOWN, N.Y. - A second New York Supreme Court justice has upheld municipal zoning regulations that prohibit all forms of gas, oil and surface mining despite existing leases between local landowners and drilling companies. Cooperstown Holstein Corp. v. Town of Middlefield, No. 2011-0930 (N.Y. Sup. Ct., Otsego Cty.).

Otsego County Acting Supreme Court Justice Donald F. Cerio Jr. ruled Feb. 24 that a zoning prohibition enacted in June by the Town of Middlefield, N.Y., is not preempted by New York State law governing oil and gas drilling and surface mining.

Justice Cerio's decision is similar to another February ruling that …