NY Frack Ban Regs “at Printer”; Is There a Potential Loophole?

Art of the LoopholeNew York State’s anti-drilling Dept. of Environmental Conservation Commissioner, Joe Martens, is doing his best to concoct a litigation-proof Supplemental Generic Environmental Impact Statement (SGEIS). The SGEIS is the document that will find too many “troubling” aspects of fracking to allow it in New York. Except there’s potentially a loophole coming in the SGEIS, if press reports can be believed. Fracking WILL be allowed IF it uses under 300,000 gallons of “liquid”–the liquid most likely being water. (A typical well takes 5-8 million gallons of water to frack.) The NY loophole of using up to 300,000 gallons of liquid leads pro-drillers like MDN to muse: Is there an alternative liquid, other than water, that can be used to frack a well economically at under 300K gallons? What if the substance is foam and not liquid–is foam exempt from the 300K gallon cap? Or how about this: Can a driller use 299,999 gallons of water to frack a well and get enough gas out of it to break even and wait until the idiot we have in office now (Gov. Andrew Cuomo) is gone and go back later and re-frack the same well once the 300K gallon restriction is lifted? Hey, it’s fun to speculate. We’re not trying to foster false hope, but we do wonder if there’s a loophole in the SGEIS that can be exploited so landowners and drillers (the good guys) can beat extremist environmentalists like Cuomo, Martens and Yoko Ono (the bad guys)…

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