Regulation

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    NY DEC Message to Landowners in New York’s Watersheds: Forget About Drilling

    These are the bald facts of life for New York landowners who own land in either the New York City or Syracuse watershed areas and may want to lease their land for Marcellus Shale gas drilling: Forget it. That’s the loud and clear message from NY Department of Environmental Conservation (DEC) Commissioner Pete Grannis. After the DEC’s announcement of last week, no energy company in their right mind will be willing to drill in New York’s watersheds (although drilling companies currently drill safely in the Susquehanna River watershed in PA, and are trying to drill in the Delaware River watershed in PA).

    Reaction from landowners in New York has been mixed. While some believe watershed landowners are being unfairly penalized, others think this may speed up the process of drilling for everyone else by removing a key objection to drilling—that drilling may contaminate city water supplies.

    From a press release issued by the NY DEC last week:

    April 23 – New York State Department of Environmental Conservation (DEC) Commissioner Pete Grannis today announced that due to the unique issues related to the protection of New York City and Syracuse drinking water supplies, these watersheds will be excluded from the pending generic environmental review process for natural gas drilling using high-volume horizontal drilling in the Marcellus shale formation. Instead, applications to drill in these watersheds will require a case-by-case environmental review process to establish whether appropriate measures to mitigate potential impacts can be developed. There are 58 pending applications for horizontal drilling in the Marcellus shale; no applications are located in either the New York City or the Skaneateles Lake watersheds (Syracuse utilizes the Skaneateles watershed).

    Read More “NY DEC Message to Landowners in New York’s Watersheds: Forget About Drilling”

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    Joint Landowner’s Coalition of NY Makes Appeal to Landowners

    The Joint Landowner’s Coalition of NY has put out a plea for donations. Drilling in New York may not happen unless landowners can generate enough noise to break through the resistance in Albany. Here is the letter reproduced in full from the JLCNY:

    A Message from the JLCNY President Dan Fitzsimmons – April 27, 2010

    Fellow Landowners – I don’t have to tell you we have much at stake.  But I do need to sound an alarm:  the time for us to act is NOW.  We are organized.  We are prepared.  And although we have worked intensely over the last two plus years, we are outmanned, outspent, outmaneuvered.  We need to step up our game, and we have a plan to get it done.  But we desperately need your financial support.  Some of you have given generously financially.  Some of you have poured blood, sweat and tears into this effort.  And some of you will make your first donation right now.  We need as much as you can afford to give to fund our efforts to:

    • Hire professionals in Albany who can represent us and make sure our voices are not drowned out by the better-funded extremists.  These professionals can open doors, cut through clutter and red-tape for us and focus us on the most effective strategy for being heard where it counts.

    • Get the word out:  you’ve heard the same arguments I hear:  more people are against drilling than are for it.  We know that’s not true – but we have to erase that perception.  The best way to do that is to blanket our area with lawn signs, drown our airwaves with pro-drilling ads, promote speakers at public forums who can support our issues with facts, erect billboards with clear messages, etc.

    • Continue to support landowners.  In some respect, the work begins when the moratorium is lifted and leases are signed.  Who will advocate for landowners in their negotiations and relations with energy companies?  Who will be a watchdog with the regulatory agencies?  Who will make sure we have the best and latest information on and about the industry and the technology surrounding us?  Landowners will need the JLC more and more as time goes by and as the stakes continue to rise. We cannot sustain it without your support.

    We are seeking support from a number of channels:  from corporations and industry; from foundations and other organizations who may provide grants for our work; from local business and farm organizations.  But the most important support we need RIGHT NOW is from you.  Please give what you can today – $10, $20, $100, $500 or more.  See if your company has a matching donation program – or if you know of any other source you can approach for us – please do.  Use PAYPAL on our website: JLCNY.org or send a check to:

    PO Box 2839
    Binghamton, NY 13902

    Thank you from the bottom of my heart.  We will get there, but only if we stay together on this.

    Dan Fitzsimmons
    President JLCNY

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    Bad News for NY Landowners: DEC Says Drilling Won’t Begin Until Mid-2011

    NY DEC Comm. Pete Grannis MDN does not want to depress and demoralize the good citizen landowners (and drillers) of New York State, but we must share some disheartening news. It seems comments made today by New York Department of Environmental Conservation (DEC) Commissioner Pete Grannis, the man who heads the very agency working on new rules for drilling in New York, indicate drilling in New York State will not begin until spring or summer 2011.

    As part of an Earth Day speech at Onondaga Lake near Syracuse, Grannis made some revealing comments:

    Grannis predicted the DEC will finish drafting regulations that companies will have to follow to receive drilling permits by fall. He said he expects drilling to begin by spring or summer 2011.*

    Why is it bad for landowners and drillers? The longer we go without drilling, the more likely it simply won’t happen at all—ever. In addition, every month that passes with no drilling in New York means thousands of more jobs permanently relocated to other states in the Marcellus Shale, including Pennsylvania and West Virginia, where drilling is already happening. Once drilling companies decide on where to locate their headquarters and branch offices, and once other businesses like wastewater treatment plants and trucking firms get established, they almost never relocate. If those jobs and capital investments go to PA and WV, New York will never see them. A real shame.

    Finally, waiting until 2011 is bad because it means the next governor of New York, likely Andrew Cuomo, will have to sign off before drilling can begin. If Cuomo is elected, it’s not at all clear whether he would be favorable to drilling. In fact, it is likely he will be opposed.

    There’s still time. Landowners and concerned citizens who recognize just how important this is to New York’s future need to make their voices heard loud and clear to their elected representatives—and people like Cuomo need to understand elections may very well hinge on how they come down on the drilling debate.

    It’s time to turn up the heat on the DEC—they’ve had long enough. They are intentionally delaying and stalling for political reasons—not safety reasons.

    *Syracuse Post-Standard (Apr 20) – Environmental Conservation Commissioner Pete Grannis says hydrofracking likely to begin in New York in spring or summer 2011

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    PA DEP Secretary John Hanger Summons Marcellus Shale Drilling Companies to a May Meeting

    PA DEP Sec. John Hanger The PA Department of Environmental Protection (DEP) is summoning all Marcellus gas drillers operating in Pennsylvania to meeting. MDN wouldn’t exactly use the term “mandatory attendance required” to describe the meeting, but reading between the lines it certainly seems that way.

    MDN welcomes the DEP keeping a close eye on drillers, especially in the aftermath of Dimock. However, the tone of the press release is confrontational and bullyish, rather than collaborative and respectful.

    From the official DEP summons press release:

    HARRISBURG—Department of Environmental [Protection] Secretary John Hanger announced today that he has called a meeting of oil and gas companies with permits to drill in the Marcellus Shale to discuss what steps the industry must take to prevent gas migrating from wells and polluting Pennsylvania’s natural resources, which can create a public safety risk.

    The meeting will be held on May 13 in Harrisburg.

    “The Department of Environmental Protection has a constitutional and statutory obligation to protect Pennsylvania’s environment. That right is not for sale and is not subject to compromise,” said Hanger.

    “Drilling for natural gas beneath our soil can be done responsibly without putting the citizens of Pennsylvania, their property or livelihoods at risk,” added Hanger. “I am urging the industry to come and discuss how to effectively and safely prevent gas migration, protect our natural resources, and ensure that what happened to the residents of Dimock Township, Susquehanna County, does not happen elsewhere.”

    Last week, DEP took further action against Cabot Oil & Gas Inc. after it failed to address migrating gas discovered in 2009 from drilling operations that contaminated groundwater and the drinking water supplies of 14 homes in the region.

    “Gas migration is unacceptable and the department is taking every precaution necessary to address this issue to protect our citizens and their communities,”   Hanger added. “In addition to increased oversight, the department has proposed tougher regulations to meet the growing demand and new drilling technologies including improving well construction standards to protect from gas migration.”

    PA DEP Press Release (Apr 20) – DEP to Meet With Drilling Companies to Discuss Ways to Prevent Dangerous Gas Migration Situations, Safeguard Homes, Water Supplies

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    Delaware River Basic Commission Continues to Obstruct Drilling in PA

    The Delaware River Basin Commission (DRBC) continues to obstruct drilling in the Marcellus Shale in Pennsylvania. The latest energy company to experience frustrations in dealing with the DRBC is Hess, which holds leases to 126,000 acres in Wayne County, PA:

    “It’s a big issue,” said Gene Linscomb, a Hess Corp. business manager based in Honesdale. “We’re asking them [the DRBC] for input.”*

    The thing is, the DRBC has not approved a single, solitary Marcellus shale operation in the watershed. Not one.

    The commission, a West Trenton, N.J.-based regulatory authority that has jurisdiction over water resources in the 13,539-square-mile Delaware River watershed, has yet to green light a single natural gas production well.*

    Hess has been asking the DRBC, repeatedly, what they want them to do so Hess can begin to drill.

    The [DRBC] has stated it does not intend to be a roadblock to natural gas development – something many Wayne County residents who signed leases do not believe.*

    So what is the DRBC doing? They’ve requested $250,000 to do a study about drilling in the Marcellus Shale in the watershed. They’re hoping to get federal money for the study “late this year.” In other words, they’re not doing anything. If you’re a landowner in the Delaware River Basin, or a drilling company, don’t hold your breath for drilling to begin any time soon.

    *Scranton Times Tribute (Apr 17) – Hess to Wayne County: ‘(We’re) here for the long term’

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    NY Marcellus Shale Drilling Regulations Ready by Fall 2010?

    When will the new Marcellus shale drilling regulations be ready in New York State? That’s the multi-million dollar question for both energy companies and landowners. Pro-drilling groups are pushing for the new regs to be released by early summer, but the New York Department of Environmental Conservation (DEC), the agency tasked with rewriting the regulations, is now making noise about “late summer or early fall.”

    Department of Environmental Conservation Commissioner Alexander “Pete” Grannis, speaking to the state Business Council on Thursday, said the Supplemental Generic Environmental Impact Statement (SGEIS) could be finalized by late summer or early fall, according to media reports.

    The reports also indicated drilling permits could be issued by the end of the year.*

    According to Richard Downey, a landowner and member of the Unatego Area Landowners Association:

    “This is the first time he’s [Grannis] said it and I tend to believe him,” Downey said. “My own opinion is the man has always kept his word and his own schedule.”*

    *Oneonta Daily Star (Apr 19) – Drilling regs could be final by fall

    Also see: Binghamton Press & Sun-Bulletin (Apr 15) – N.Y. review of Marcellus hits snags

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    Cornell Hydraulic Fracturing Expert Headlines First Meeting of New York Residents Against Drilling (NYRAD) in Vestal, NY

    Ingraffea_Anthony Nearly one week ago, on March 31, MDN attended the kickoff meeting of New York Residents Against Drilling (NYRAD) at the Vestal Public Library in Broome County, NY. No, MDN is not anti-drilling! We attend to listen and learn. The drilling debate is increasingly political in tone. Those of us who support drilling need to listen to those in our communities who oppose it—as a courtesy, to be sure we have not missed important information that informs our own opinions, and so we understand our opponents’ arguments in this debate—to be able to intelligently respond to their (often inaccurate and overhyped) accusations.

    The meeting room at the Vestal Public Library was filled to capacity for the meeting with about 120 people attending. Local news media was there, as well as cameras from (presumably) NYRAD themselves. MDN observation: As was the case when DISH, TX Mayor Calvin Tillman recently visited, there were a number of balding men with gray-haired ponytails in the audience. MDN continues to posit the theory that many 60s hippies have found a new cause célèbre that now energizes them—gas drilling.

    The meeting was opened by a NYRAD official who introduced the evening’s main speaker, Professor Anthony Ingraffea. Dr. Ingraffea is a professor of civil and environmental engineering at Cornell University. His Ph.D. is in rock fracturing mechanics. He has done twenty years of research on hydraulic fracturing for companies like Schlumberger, Exxon and the Gas Research Institute. If anyone knows how rock fracturing works, it is Dr. Ingraffea. I eagerly anticipated what he would say about hydraulic fracturing and whether or not the process contaminates water supplies, a commonly leveled charge by drilling opponents.

    Dr. Ingraffea is an accomplished speaker. He is equal parts comedian and expert, and he knows how to “work a crowd.” I can easily imagine that he’s a favorite professor at Cornell, one whose classes fill quickly. In his opening remarks he admitted he feels passionately about the issue of drilling in New York State, and that he is opposed to it. He opened his talk with a technique often employed by those who are anti-drilling. He mentioned he loves fishing for trout in New York’s streams and he asked the audience a question: “Would you like to keep fishing in New York State?” The implication is that if drilling begins, trout fishing is finished. It’s a non sequitur—a statement that does not follow from the premise. In the course of his presentation he never once connected any dots that drilling activity would lead to poisoning of streams and the end of trout fishing. This was a tip-off that the evening might disappointingly hold more emotional statements rather than factual statements. Unfortunately, that’s exactly how it turned out.

    Read More “Cornell Hydraulic Fracturing Expert Headlines First Meeting of New York Residents Against Drilling (NYRAD) in Vestal, NY”

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    Will Gov. Paterson’s Political Troubles Delay Drilling in New York State Until 2011?

    Bloomberg, a left-leaning (anti-drilling) news organization published a story about the seemingly eternal question of “When will drilling begin in New York?” with reasoning that goes like this:

    (A) New York Gov. Paterson is more or less pro-drilling and wants to see it start soon.

    (B) Gov. Paterson has run into political troubles, “probes” of his conduct are ongoing, so he’s decided not to run for re-election. He’s damaged goods.

    (C) The Department of Environmental Conservation, fearing political turmoil and upheaval, and perhaps reprisals, will not go forward with drilling until after the election in November (at the earliest).

    The Bloomberg article gives some background details about drilling in New York State for those who are new to the debate—all of it with an anti-drilling flavor. But some good background details nonetheless. May be worth a read if you’re so inclined:

    Bloomberg (Mar 31) – Gas Drillers’ New York Hopes Fade on Paterson Woes

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    Delaware River Basin Commission May Become Roadblock for Drilling in Wayne County, PA and Other Watershed Counties

    The City of Philadelphia is voicing their concerns to the Delaware River Basin Commission (DRBC) about Stone Energy’s request to hydraulically fracture two previously drilled wells in Wayne County, PA. Stone has also made a request to the Commission to withdraw up to 700,000 gallons of water from the West Branch of the Lackawaxen River in Mount Pleasant Township for drilling. Philly’s 17-member City Council voted unanimously to ask the DRBC to not approve the drilling permits until an environmental impact study can be done first.

    An environmental impact study, an intensive and time-consuming endeavor, would determine whether natural gas drilling poses a legitimate threat to the Delaware River watershed, a 13,539-square-mile area that encompasses nearly all of Wayne County and is known for its pristine water quality and world-class trout waters.

    Commission spokesman Clarke Rupert said Monday the regulator is considering conducting such a study. A decision on a $250,000 appropriation request by the commission is not expected until late 2010.*

    In addition to permission from the State Department of Environmental Protection, drillers in the Delaware River Basin watershed area also need permission from the DRBC before they can drill. If the DRBC is not going to make a decision about whether or not to spend $250K on a study “until late 2010,” and if that study is a “time-consuming endeavor,” that means Stone’s request to drill will not be approved until sometime in 2011 at the earliest.

    If you’re a landowner (or driller) in Wayne County, or in other counties located in the Delaware River Basin, you may be in for major delays before drilling begins. Let’s hope the DRBC speeds the process along.

    *Water World (Mar 30) – Philadelphia dives in to gas drilling issue in Wayne County

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    Citizens Committee in Mt. Pleasant, PA Draft Drilling Ordinances for Their Community

    A citizens committee in Mt. Pleasant Township, PA (Washington County) has developed a draft zoning ordinance that will dictate what drillers in their township can, and cannot, do. From a news article:

    The citizens advisory committee presented a final draft on its proposal for a zoning amendment governing oil and gas activities.

    The committee, headed by Dencil Backus, is made up of about a dozen residents who have studied other zoning ordinances to find suitable regulations that would address the activity in Mt. Pleasant. They have looked at ways to address noise, light, odors and buffers in addition to where certain activity can take place.

    In studying the matter, the committee has taken the approach that gas drilling into the Marcellus Shale should take place but not at the expense of the landowners, township or residents’ quality of life.

    The rough draft still has to be reviewed by the supervisors and solicitor. From there, [Township Supervisor Larry] Grimm said, it will be passed on to the township and Washington County’s planning commissions for their approval.*

    *Pittsburgh Observer-Reporter (Mar 24) – Meeting recap

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    Binghamton Press & Sun-Bulletin Runs Wall-to-Wall Coverage of Marcellus Drilling Debate

    The Sunday, March 28 Binghamton Press & Sun-Bulletin (Broome County, NY) devoted a number of pages to the issue of drilling in the Marcellus Shale. The chief writer for the P&SB on these matters, Tom Wilbur, is anti-drilling, and it shows in his articles. As people on the anti-drilling side of the debate often do, they resort to unsubstantiated “facts” and vague nightmare scenarios. Today’s articles were no exception.

    On the front page we have the following articles:

    Marcellus Shale: Is it safe to drill?
    An abridged (and mostly one-sided) history of the shale gas drilling debate in the Southern Tier region of New York and Northeastern PA. Wilbur identifies some of the issues being debated, with the obligatory mention of Dimock, PA and the the isolated (only?) case of a driller who didn’t follow procedure and methane (not chemicals, but natural gas) migrated into drinking water supplies for 12 families. Dimock is the rallying cry for many who oppose drilling. He ends the article with the vague threat that anti-drillers will tie up the right to drill with legal harassment for as long as they possibly can. I believe him on that one.

    Landowners face fight over NYC watershed
    Politicians in New York City are making political hay out of the prospect of drilling with statements that drilling anywhere in the Catskill watershed area must be prevented at all costs because if the water supply for NYC is contaminated, they would have to install filters costing into the billions. The politicians from NYC want horizontal drilling banned in New York State as a preventative measure. And they’re threatening to tie up drilling with lawsuits. No one wants to pollute the City’s water supply! And no one will. What’s conveniently left out of the story by Wilbur is the fact that there is only one company, Chesapeake Energy, with any leases signed in the watershed, and that’s for 5,000 acres. Oh, and Chesapeake voluntarily said they would not drill in the watershed.

    Read More “Binghamton Press & Sun-Bulletin Runs Wall-to-Wall Coverage of Marcellus Drilling Debate”

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    SRBC Fines Southwestern Energy $50K for Lack of Proper Approvals

    Although the details are somewhat slim in the newspaper account, the known facts are that Southwestern Energy started construction on a well conductor pipe at a site in Wyalusing Township (Bradford County, PA) in early January, before the Susquehanna River Basin Commission (SRBC) had given its approval for said construction—something required by law. So the SRBC slapped them with a fine:

    Under a settlement agreement between Southwestern and the commission, which was approved by both sides, Southwestern was required to make a $50,000 “payment in lieu of a penalty” to the commission.*

    MDN firmly believes drilling companies need to be responsible and follow the rules, especially since the issue of drilling has been so distorted by anti-drilling propaganda. On the other hand, was this just an oversight on Southwestern’s part? Did someone not get the paperwork filed properly? Who knows. It does seem to be a case of “Simon Says” or “Mother May I?” Since the SRBC didn’t give the go-ahead, Southwestern was fined. Now that the paperwork is filed, have they gone ahead with construction at the site? Did the SRBC find any problems with the application once it was reviewed?

    So, is SRBC’s action vigilant oversight of the public interest? Or a shakedown? You decide.

    *Towanda Daily Review (Mar 24) – Southwestern Energy fined $50,000 for violation in Wyalusing Township

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    Three Upstate Landowners on New York City Public Radio Discuss Drilling in the Marcellus

    An interesting radio segment from WNYC Public Radio. Leonard Lopate conducted an interview with three Upstate landowners. From the program description:

    We’ll look into the controversy over drilling for natural gas in Marcellus shale in Upstate New York, and discuss the challenges landowners face when deciding whether to lease their land to gas companies, the role of landowners coalitions, and how public officials are managing the drilling already occurring in their towns. We’ll speak with Mark Dunau, organic farmer from Delaware County; Jim Bays, Supervisor of the Town of Smyrna, in Chenango County; and Abby Tamber, steering committee member of the Central New York Landowners Coalition.*

    While Mr. Dunau is clearly anti-drilling and Mr. Bays is somewhat anti-drilling, Ms. Tamber does a good job of representing local landowner groups and the concerns of landowners. The questions by the host are pretty good, and as far as public radio goes, this is about as fair and balanced as it gets. Overall, a B+ from MDN. Worth listening to as it does discuss some very important issues for landowners. Embedded player below—give it a listen! The segment is 34 minutes in length.

    *WNYC (Mar 23) – The Lenoard Lopate Show

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    Sullivan County, NY Legislature Wants to Ban Marcellus Drilling for Everyone in the County

    Sullivan County, NY landowners have some reason to be concerned. Their county legislature wants a complete moratorium of horizontal gas drilling in the county.

    At a recent meeting, the Sullivan County legislature voted to prevent drilling on county-owned lands. Frankly, “So what?” A ban on county-owned land likely does not make a difference for local landowners still interested in leasing. However, according to news reports:

    “They [the county legislature] want the whole of Sullivan County off limits, via a moratorium.”*

    That is a concern to Sullivan County landowners. It’s likely no more than huff and bluff, however, because New York has “home rule,” meaning if the State allows drilling, and local towns allow it, the county cannot supersede and disallow it.

    Some Sullivan County land is considered part of the New York City watershed area—where the City gets its drinking water from. That complicates matters too.

    MDN will keep an eye on the developing situation in Sullivan County when drilling finally begins in New York State.

    *Mid-Hudson News Network (Mar 19) – Sullivan legislators say ‘no’ to hydrofracking, on county land

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    Hearing to Determine if PA Public Utility Commission has Right to Regulate Private Pipelines

    The Pennsylvania Public Utility Commission (PUC) will hold a hearing on April 22 in Harrisburg, PA to discuss a particularly thorny issue: Does the PUC have the jurisdiction to regulate private pipelines?

    The PUC has the responsibility of regulating pipelines that conduct oil or gas for compensation. That is, a pipeline owner leases space in the pipeline to third parties. In those cases, the law is clear. But what if an energy company builds and maintains its own pipeline and only conducts its own gas through that pipeline? The law is not clear on that matter. Hence the hearing.

    Jennifer Kocher, PUC spokeswoman, said the PUC has regulatory jurisdiction over “public utility pipelines,” defined as pipelines transporting gas or oil within the state for compensation.

    “But if a drilling company uses its own pipelines to transport the gas it produces, then there’s a question about our jurisdiction,” Ms. Kocher said. “We’re looking at that issue, at our safety jurisdiction, safety issues and the role of the PUC.”

    Matt Benson, a spokesman for the Pennsylvania Oil and Gas Association, said the industry trade group hasn’t addressed the pipeline regulation issue and is taking a “wait and see position” on PUC regulation. He said the group, along with gas producers, hopes to be offered an opportunity to testify at the hearing.*

    *Pittsburgh Post-Gazette (Mar 18) – PUC sets hearing on Marcellus shale pipes

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    Rogue EPA Takes a Second Run at Regulating Hydraulic Fracturing

    Here we go again. The federal Environmental Protection Agency (EPA) announced today they would once again study hydraulic fracturing (“fracking”) as a mining method to extract natural gas. The EPA already spent considerable time and expense in 2004 to study it and found no evidence that fracking threatens drinking water. But Democrats in Congress, led by Congressman Maurice Hinchey (Democrat from Upstate New York), now have control of the EPA and they want a new study. Their claim is that the original study was “flawed” and unduly influenced by then Vice President Dick Cheney.

    The EPA is upset that Congress passed a law in 2005 that prevents them from regulating fracking. And the EPA now has a sympathetic ear in Congress, so they’re trying once again to grab hold of an entire industry not within their jurisdiction or charter to regulate. This is their back door way of doing it.

    On the matter of fracking and safety, an ABC News article about the EPA announcement today says:

    Arthur E. Berman, a Houston-based petroleum geologist who’s questioned the headlong rush to open up shale fields on economic grounds, said the environmental risks have been overblown.

    “We have been doing hydraulic fracturing for 50, 60 years and there is no evidence whatsoever that there has been ground or surface water contamination,” he said.

    He said only “point-5 percent” of what goes into a well were chemicals, and those were mostly “common chemicals that you would put in your swimming pool or hot tub, something like chlorine.”*

    The EPA is spending $1.9 million on the study, and expects to complete it in 2012. MDN sincerely hopes a likely change in the balance of power in Congress after November 2010 will mean a Congress willing to keep a rogue EPA in check.

    *ABC News (Mar 18) – EPA to Study ‘Fracking’ Gas Drilling Method