Home Rule Chaos Reigns in NY – Towns Vote to Block Wind, Solar

In June 2014, New York’s highest court, the Court of Appeals, reaffirmed two lower court rulings that empowers townships and municipalities across the state to strip away property owners’ rights to allow drilling and other energy projects (see Shale Drilling in NY is Over – High Court Upholds Town Bans). NY’s high court ruled in the “Middlefield” and “Dryden” cases that local municipalities have the right to regulate energy development within their jurisdictions–where it can and cannot happen. The seeds planted with the “Dryden” and “Middlefield” cases has sprouted and is now in full bloom–like spring daffodils. So-called “renewable” energy projects are now being blocked using the very same decisions meant to block natural gas drilling–delicious irony that puts a big, fat smile on our face. On the other hand, it points out the truly horrific consequences by NY’s highest court in allowing each community to, in effect, regulate energy production. It is utter folly and lunacy. Welcome to New York…

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