New York businesses are needed immediately to voice support for the right of communities to prohibit shale gas drilling within their boundaries and thereby protect the non-industrialized character and health of their local economies. We invite you and your colleagues to join a critically important business-oriented amicus brief to be filed soon in the New York State Court of Appeals that will affect the economic, social and physical environment of municipalities throughout the entire state.
Your Participation
We are asking business leaders to support the amicus brief by submitting a brief “statement of interest” (template will be provided) and/or by making a financial contribution to cover modest legal expenses. See below for next steps.
Background
Following the 2012 rulings in the lower courts allowing local municipalities in New York to prohibit heavy industry (such as fracking) as a land use by exercising Home Rule, the New York State Court of Appeals granted leave to appeal in the case of Norse Energy Corp. USA v. Town of Dryden, et al. on August 29, 2013. The Court of Appeals is the highest court in New York State and its review and decision regarding this case will supersede all prior court decisions and apply throughout the State. This appeal is, therefore, of the utmost importance to businesses seeking to protect a town’s right to utilize Home Rule in New York State for the purposes of preserving the town’s economy and local businesses, community character and its environmental resources.
In the previous case, 27 small businesses throughout NYS joined together to file an amicus curiae brief in support of the Towns of Dryden and Middlefield because of their concern that the diminishing of home rule would significantly and negatively affect their businesses and their communities. These businesses represented core upstate New York economic sectors — agriculture, food and beverage production, arts and entertainment, tourism, construction and real estate, health, hospitality, services and retail. Read previous amicus curiae brief here.
Next Steps
Are you interested in learning more about how to use your influence as a business owner can affect the future of home rule for all municipalities? Please contact Laura Niederhofer. The deadline to participate is December 1, 2013.
Donations to support the Amicus Brief are being collected by Catskill Mountainkeeper here.