Description: Challenge to local law that created a wildlife refuge overlay district in which mining was prohibited.
Frontier Stone, LLC v. Town of Shelby
Filing Date Type File Action Taken Summary 07/31/2019 Memorandum Download Court affirmed judgment upholding local law. New York Appellate Court Said Town Did Not Have to Consider Potential Benefits of Quarry on Climate Change-Affected Water Levels. A New York appellate court rejected claims that a town board in upstate New York erred when it conducted its environmental review of a law that created a wildlife refuge overlay district in which mining was prohibited. One of the petitioner mining company’s arguments was that the town board should have considered a proposed stone quarry’s potential beneficial impacts on water levels in light of the effects of climate change. The appellate court said the town board “had the discretion to select the environmental impacts most relevant to its determination and to overlook those ‘of doubtful relevance.’”