"While the Town's exercise of its right to regulate land use through zoning will inevitably have an incidental effect upon the oil, gas and solution mining industries, we conclude that zoning ordinances are not the type of regulatory provision that the Legislature intended to be preempted by the [Oil, Gas and Solution Mining Law]," Justice Karen Peters wrote.
Town Fracking Bans Ruled Not Preempted by State Mining Law
New York Law Journal
May 3, 2013
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