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New York

Friends of Thayer Lake LLC v. Brown

New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and therefore open to public use. At issue in the...

Sierra Club v. Village of Painted Post

A New York appellate court upheld a lower court decision invalidating a water sales agreement that would have allowed a town to sell approximately one million gallons per day from its water supply to an energy company for drilling and...

Wallach v. New York State Department of Environmental Conservation

A New York court dismissed a lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The trustee to a bankrupt energy company filed the lawsuit, claiming that the company's bankruptcy and inability...

Joint Landowners Coalition of New York v. Cuomo

A New York court dismissed mineral rights owners' lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing. The owners filed the lawsuit under the State Environmental Quality Review Act (SEQRA),...

Energy Corp. USA v. Town of Dryden

New York's highest court held that local governments may ban oil and gas production activities, including hydraulic fracturing, through the adoption of local zoning laws. The case arose after two towns enacted zoning laws banning...

Thompson Corners, LLC v. New York State Department of Environmental Conservation

A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of...

Gabrielli v. New Paltz

A New York appellate court reversed a lower court decision annulling a local law aimed at preventing the despoilation and destruction of wetlands and watercourses. The lower court ruled that the town enacted the law in violation of New...

Norse Energy Corp. v. Town of Dryden

A New York appellate court held that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the...

Bronx Committee for Toxic Free Schools v. New York City School Construction Authority

New York's highest court held that the New York City School Construction Authority's EIS for the construction of a campus of four public schools in an area formerly used as a railroad yard violated the State Environmental Quality Review...

Jeffrey v. Ryan

A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its local police powers and that it was therefore not...

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