New York

The new draft regulations that will finally allow Marcellus Shale drilling in New York State were published less than one week ago, but already Department of Environmental Conservation (DEC) Commissioner Joe Martens is coming under fire for one of the key compromises in the rules. Politicians in New York City were steadfastly opposed to drilling anywhere in the Upstate watershed areas, which is where New York City gets its drinking water from. Mayor Bloomberg and others claimed the risk was simply too high—that if the city’s drinking water supply were ever compromised, a filtration system would need to be installed costing billions. And so to assuage those fears, the DEC has said no drilling in both the NYC and Syracuse watershed areas.

Read More “NY DEC Commissioner Says No Double Standard in Putting Some Watersheds Off Limits to Gas Drilling and Not Others”

New York’s Department of Environmental Conservation Commissioner, Joe Martens, visited Binghamton, NY yesterday. He met with local politicians and with the editorial board of the Binghamton Press & Sun-Bulletin (PSB) to answer questions about the new drilling regulations that will allow hydraulic fracturing to begin in New York State. During his meeting with the PSB, Martens said that local government ordinances that ban gas drilling will likely have to be decided in court.

Read More “NY DEC Commissioner Joe Martens Says Local Bans on Hydraulic Fracturing Will Be Decided in Court”

As part of the new Marcellus drilling regulations in New York, DEC Commissioner Joe Martens created a Hydraulic Fracturing Advisory Panel. The new panel is initially composed of 13 people from environmentalist organizations, with a few industry and elected officials thrown in (see the list here). Panel members are charged with making suggestions to Martens on fracking in New York—oversight of how the DEC implements it, and potential changes to make it better.

An excellent analysis piece from Tom Shepstone at the Energy in Depth Northeast Marcellus Initiative website exposes the stacked deck Martens has created and poses the very real possibility that Martens is intentionally trying to undermine Gov. Andrew Cuomo on the issue of drilling in New York.

Read More “NY DEC Commissioner Joe Martens Stacks New Fracking Panel with Anti-Drillers”

You can now download a preliminary copy of New York’s new Marcellus drilling regulations at the Energy in Depth Northeast Marcellus Initiative website. This is an incomplete draft released on released July 1, 2011 to some members of the media at the NY Department of Environmental Conservation’s press conference last Friday. This incomplete draft has 736 pages of the final draft report which will be 900+ pages, due to be released in two days (on July 8).

Read More “Preliminary (but Incomplete) Copy of New York Marcellus Drilling Regulations Available for Download”

MDN reported yesterday that Gregory Sovas recently addressed local government leaders in Upstate NY to brief them on the fact that local governments cannot enact laws—zoning or otherwise—that would prohibit hydraulic fracturing or drilling in the Marcellus and Utica Shale. The legal principle is that local government laws cannot supersede the state law when it comes to regulating oil and gas drilling. Mr. Sovas should know—he’s the author of the language that became the law.

MDN received a number comments on that article (see here) stating the legality of local zoning ordinances regulating oil and gas drilling is far from over. The commenters claim that New York’s law in this regard is not yet settled.

Read More “NY Local Governments and Zoning Bans for Hydraulic Fracturing – Part 2”

The New York Department of Environmental Conservation did not release the full 900+ page draft drilling regulations document yesterday (July 1) as planned. They supposedly did release it to Gov. Andrew Cuomo for his review with the announcement that the full report would be made available to the public in one week, on July 8. However, the DEC did release a 27-page executive summary (embedded below). The executive summary is just that—a high level description of what is contained in the 900+ page document.

On page 5 of the Executive Summary we get this interesting statement:

Read More “NY DEC Releases Executive Summary Portion of New Drilling Regs”

Yesterday, New York State Commissioner of the Department of Environmental Conservation (DEC), Joe Martens, held a press conference to announce the release of new gas drilling regulations for New York, and what will be (eventually) the end of the moratorium for shale gas drilling in the Marcellus Shale, as well as other shale gas reserves including the Utica Shale.

Below is a link to the 41-minute press conference so you can watch it for yourself, along with an embedded copy of the slides used by Martens as he spoke.

Read More “Watch NY DEC Press Conference Announcing Release of Draft SGEIS Drilling Regs”