The State Appellate Division, 3rd Department has turned aside an appeal from Norse Energy Corp., challenging the town of Dryden’s use of its zoning laws to ban fracking.

The plaintiffs argued that the ban violates the state’s power to regulate the oil and gas industry under the oil, gas and solution mining law. The decision was made by all three judges who heard the case, saying that the OGSL does not preempt a municipality’s power to enact a local zoning ordinance banning all activities related to the exploration or production of natural gas or oil within its borders.

Anti-fracking groups see the decision as another nail in the coffin for drilling in New York.