Creatures of the State: A Hard Look at the Supersession of Municipal Power in New York's Mineral Resources Law

The controversial method of gas extraction known as hydraulic fracturing has revealed a critical issue within New York's Mineral Resources Law: Can a local government prohibit the practice through its zoning power? This piece analyzes supersession clauses found in other New York statutes, as well as the statutes of other jurisdictions. It criticizes the construction of the law by two lower courts in the recent decisions concerning the towns of Dryden and Middlefield, and applies recognized principles of statutory construction to determine that towns may not effect a prohibition of gas mining through local zoning ordinances.