In two unanimous landmark decisions, the Appellate Division, Third Department, has affirmed rulings by Supreme Court justices in Tompkins1 and Otsego Counties2 that local zoning laws banning all activities related to the exploration for, and production or storage of, natural gas and petroleum, in one case, and prohibiting "all oil, gas or solution mining and drilling," in the other, are not preempted by New York’s Oil, Gas and Solution Mining Law (OGSML)3 and, therefore, are enforceable.4
The Third Department’s opinions in Matter of Norse Energy Corp. USA v. Town of Dryden5 and Cooperstown Holstein Corp. v. Town of Middlefield6written by Presiding Justice Karen Peters, with Justices Edward Spain, Leslie Stein, and Elizabeth Garry joining both rulingsare a clear affirmation of the power of local municipalities over the activities occurring on the land within and subject to their jurisdiction.
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