A state trial court in New York has dismissed a gas company’s challenge to the Town of Avon’s moratorium on exploration for or production of natural gas or petroleum. Lenape v. Town of Avon, No. 1060-2012 (N.Y. Sup. Ct., Livingston Cnty. 2/15/13). The plaintiff challenged Avon’s one-year prohibition on drilling activities, enacted in 2012. Plaintiff asserted that the ordinance ran afoul of the state’s oil and gas statute, which states that its provisions “supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries.” On the basis of a prior appellate decision, the court determined that localities were precluded only from regulating “mode and method” of oil and gas development and remained free to exercise zoning power to completely prevent such activities. Accordingly the court dismissed the claim.