Anschutz Exploration Corp. v. Town of Dryden

OPINION OF THE COURT

Phillip R. Rumsey, J.

In this case of first impression, the court is asked to determine whether a local municipality may use its power to regulate land use to prohibit exploration for, and production of, oil and natu*405ral gas. The controversy arises from the proposed use of high-volume hydraulic fracturing (hydrofracking) to obtain natural gas from the Marcellus black shale formation which underlies the southern portion of New York State. The Town of Dryden is located in the Marcellus shale region.1 In effect to prohibit hydrofracking, the Dryden Zoning Ordinance was amended…