On Monday, October 15, 2012, The West Firm filed briefs and records on appeal in support of the appeals in the Dryden and Middlefield cases. Both briefs put forth a comprehensive analysis of the reasons why both lower courts were in error and why the decision should be reversed by the Appellate Division, Third Department. Tom West, Managing Partner of The West Firm, PLLC, said the following: "By filing these documents with the Appellate Division, Third Department, we have perfected both appeals, which is an important step to setting the record straight in New York State concerning the preemptive effect of the New York Environmental Conservation Law on the ability of municipalities to ban or regulate natural gas exploration and development."
The Appellate Division, Third Department will establish a briefing schedule and ultimately schedule these cases for oral argument. There will be briefing from the Respondents and Amicus filings in support and in opposition to these appeals. We are cautiously optimistic that the matter will be scheduled for the February Term of the Appellate Division, which occurs in early February. Typically, the Appellate Division renders a decision 6 to 8 weeks after the oral argument.
Copies of the briefs can be found at the following links: