NY Attorney General Sues the Federal Government Over Fracking
In an attempt to stop Marcellus Shale drilling in New York by using the court system, NY Attorney General Eric T. Schneiderman announced on Tuesday that he is suing the federal government “to commit to a full environmental review of proposed regulations that would allow natural gas drilling – including the potentially harmful "fracking" technique – in the Delaware River Basin.” AG Schneiderman made his initial threat last month (see MDN’s coverage here). The AG’s announcement seems timed to coincide with a hearing set for today by the Delaware River Basin Commission to consider an application to withdraw water for drilling purposes.
The press statement from the AG’s office (full text below) contains unsubstantiated allegations that fracking poses risks and threats to the environment—the same recitation of inaccurate claims we’ve heard time and again from those who seek an outright ban on gas drilling. It also presumes it is the federal government’s role to regulate drilling—which under current law, it is not. Those who oppose drilling seek to regulate it using the “back door” of the Safe Drinking Water Act (SDWA), the National Environmental Policy Act (NEPA) and other federal laws. This lawsuit seeks to push a federal takeover of drilling by regulating and controlling it at the federal level.
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In an interesting development, New York Gov. Andrew Cuomo has sent along marching orders to the Department of Environmental Conservation (DEC) to complete the next version of the draft Supplemental Generic Environmental Impact Statement (dSGEIS)—the new guidelines to be used in drilling in the Marcellus Shale in New York—by July 1st. The previous deadline was a soft deadline issued by former Gov. David Paterson of “on or about June 1st.” The new deadline issued by Cuomo is July 1st—no waffling. Cuomo has also instructed the DEC to visit a well blowout site in Bradford County, PA to see what can be learned and incorporated into the final document from that accident.