Wednesday, January 2, 2013

 Ten NY Law Professors Submit Amicus Brief in Gas Drilling Case

The brief argues that state law presently does not expressly or impliedly preempt local control on the subject of gas drilling.  Further, we assert that the suggestion of an implied preemption is unconstitutional and a violation of state statutes that define local government authority.  The brief makes it clear that a number of local governments have welcomed gas drilling and others prefer not to allow the use within their borders.  The point is, that each local government has and should have the power to reach these conclusion for themselves, regardless of other policy debates regarding the hydrofracking controversy.
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