Firm partners, David Everett and John Henry and Associate Robert Rosborough played a vital role in the outcome of two high profile zoning law cases. See Norse Energy Corp. USA v. Town of Dryden, 2013 N.Y. Slip Op. 515227 (3d Dep’t May 2, 2013) and Cooperstown Holstein Corp. v. Town of Middlefield, 2013 Slip Op. 515498 (3d Dep’t May 2, 2013). These cases of first impression held that municipalities have the legal authority to control natural gas drilling and extraction through their zoning powers. Mr. Everett, Mr. Henry and Mr. Rosborough represented the Town of Middlefield in these cases. The Firm’s attorneys also represented the Town of Ulysses and a coalition of over 50 municipalities in New York State asamici curiae in both cases. Our Firm played a key role in forming this coalition. Our attorneys submitted a comprehensive brief in each case detailing, among other things, the extent and preeminence of the municipalities’ home rule authority. Adopting most of the Firm’s positions, the Appellate Division, Third Department upheld the municipalities’ right to control natural gas drilling as a valid exercise of local land use powers against a challenge that they were preempted by a provision of the NYS Environmental Conservation Law giving the NYS Department of Environmental Conservation the exclusive authority to regulate the operations of the natural gas industry. These court decisions represent a significant win for local municipalities to rightfully preserve their power to make the local decision whether or where to permit heavy industrial uses, such as natural gas drilling, within their borders.