Gas driller sues NY, town over local moratorium

ALBANY — A natural gas drilling company is suing state regulators and a western New York town where it has operated for decades over a local moratorium that threatens to put the company out of business.

John Holko, owner of Lenape  Resources, says papers were served this week in his lawsuit against the. town of AvonHe says the town’s gas-drilling moratorium and others like it violate a law giving the state Department of Environmental Conservation sole authority to regulate oil and gas development.

Holko is also suing DEC, saying it’s required to take action against the local bans.

DEC spokeswoman Emily DeSantis has said the issue will be decided by two cases now before the appellate court. Avon Town Supervisor David LeFeber did not immediately return a call seeking comment.