ALBANY -- In a move that could have implications for municipalities across the state, a Denver-based natural-gas company will try to have
a local drilling ban in the Town of Dryden thrown out in court, the company's attorney said today.
Anschutz Exploration Corp. plans to file a lawsuit in state Supreme Court in Tompkins County to have the ban struck down in the Town of Dryden, according to the company's Albany-based attorney Thomas West. He said the lawsuit is expected to be filed this week.
With the state moving toward allowing high-volume hydraulic fracturing, Dryden has been one of a handful of municipalities across the state have altered their zoning regulations or passed legislation meant to ban the activity.
But the state Department of Environmental Conservation has said a court will likely have to decide whether those bans hold up under state law, which allows the state agency to regulate the industry.
In August, the Dryden Town Board amended its zoning laws to prohibit the drilling or storage of natural gas.
"It will be a good opportunity to let the courts decide whether municipalities can, under the guise of zoning or otherwise, ban or regulate drilling," West said. "Hopefully, it won't be a difficult issue for the court."
Dryden Supervisor Mary Ann Sumner could not immediately be reached for comment.
The suit will be closely watched by those on both sides of the hydrofracking debate in NewYork. The controversial technique used with gas drilling has been on hold in New York as the DEC continues its environmental review, but is expected to be permitted at some point next year.
West said he hopes the case will set a precedent.
"You always hope that it will be precedent setting, but you never know what the court is going to do," West said. "I think it's our goal to go right to the merits, not engage in any ancillary antics and let the court decide."
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