Natural Gas and Municipal Considerations
Attorney Todd M. Mathes distinguishes between "regulation" and zoning. October 2009.
Natural Gas Production and Municipal Home Rule in New York
“…municipalities may continue to regulate land use or other matters involving public health, safety and welfare that fall outside the State’s regulatory program.” By Michael E. Kenneally, Esq. and Todd M. Mathes, Esq. January/February 2010.
A Legal Plan to Control Drilling
“There is no question that exclusion of industrial uses is a proper and legitimate use of land-use laws.” By David Slottje, Esq.and Helen Holden Slottje , Esq., Spring 2011.
Prohibit Fracking Through Zoning
Land & Road Laws-Navigating a Path to Local Control
Helen Slottje, Esq and David Dlottje, Esq., Community Environmental Defense Council, Inc. April 9, 2011 31 slides
The Exercise of Local Control Over Gas Extraction
“In New York, local governments under ‘municipal home rule’ have the right to enact laws that protect the visual and physical characteristics of an area and maintain public order. These purposes may lead to an incidental impact upon a heavy industry, such as the oil, gas and solution mining industries.” By Michelle L. Kennedy, Fordham Environmental Law Review, Spring, 2011.
‘Prohibiting’ and ‘regulating’ are not the same
By David Slottje of the Community Environmental Defense Council, The River Reporter, August 18, 2011.
Municipal Zoning Bans on Natural Gas Drilling and Related Lawsuits
A presentation by David R. Everett of the law firm of Whiteman, Osterman & Hanna before the New York Association of Towns in Corning, NY. Oct 17, 2011
Selected Topics on the Municipal Power of Regulation in Regards to Oil & Gas Exploration and Production
A presentation by Guy K., Krogh, Esq. of Thaler & Thaler before the New York Association of Towns in Corning, NY. October 17, 2011.
To What Extent Can Municipalities Regulate Natural Gas Producction Operations?
“…a municipality could use zoning to make gas drilling a prohibited use in all zones." By Robert H. Feller, Esq. of Bond, Schoeneck King PLLC Published by NYS Association of Towns. October 2011.
Municipal Powers and Limitations with Respect to Natural Gas Drilling
A power point presentation by David R. Everett, Esq at the NYS Association of Towns 2012 Annual Meeting and Training School, February 21, 2012.
Using Local Zoning Authority to Protect Health, Safety, & Community Assets
Helen and David Slottje, Esq. Community Environmental Defense Council, Inc. presentation/powerpoint April 22, 2012