New York

Energy Companies | Hydraulic Fracturing | Industrywide Issues | New York | Norse Energy | Regulation | Statewide NY

Norse Energy Hurt by NY Fracking Delay Files for Bankruptcy
December 10, 2012December 10, 2012

Contrary to what anti-drillers say, lack of drilling in New York does have serious consequences—the latest consequence being the bankruptcy of Norse Energy Corp. MDN has reported over the past several years on Norse, the “little energy company that could” (we had hoped) hang on until New York released new shale drilling rules. But New York’s moratorium has now stretched on nearly 4 1/2 years and frankly, there’s no end in sight.

In mid-November Norse issued a press release saying they would run out of money in December unless they could restructure their debt (see this MDN story). They only had $1.5 million cash on hand at the time. Then, a few weeks later, a judge ordered Norse to put $7.65 million into an escrow account to cover potential losses in a dispute (see this Norse press release). Apparently the escrow judgment pushed Norse over the financial cliff. They’ve now filed for Chapter 11 bankruptcy protection:

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Landowner Group Ramps up Calls/Letter Campaign to Cuomo
December 10, 2012December 10, 2012

The Joint Landowners Coalition of New York (JLCNY) launched a new round of phone calls and a letter-writing campaign to encourage Gov. Andrew Cuomo to not delay any further the release of new fracking rules for New York. The JLCNY wants its members and supporters to call and print and mail a draft letter (embedded below).

MDN received the following notice on Saturday:

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Broome County | Health Impacts | Hydraulic Fracturing | Industrywide Issues | New York | Research | Statewide NY

Lupardo to Martens: What Happened to the NY Fracking Panel?
December 7, 2012December 7, 2012

Binghamton, NY-area Assemblywoman Donna Lupardo, a Democrat who so far has been somewhat non-committal on the fracking debate, but who seems to now tilt firmly in the anti-drilling camp, sent a letter to Dept. of Environmental Conservation Commissioner Joe Martens two days ago. Her letter essentially asks, “What happened to the fracking panel you appointed?” Lupardo is one of the members of the High-Volume Hydraulic Fracturing Advisory Panel, a group appointed by Martens in July 2011. The panel has not held any meetings since December of last year (see this MDN story).

Lupardo wants the panel to meet again so she can go on the record with her “concerns” about fracking and the health review under way now (see her letter to Martens below).

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Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Cuomo Visits Binghamton, (Non)Comments on Fracking Decision
December 6, 2012December 6, 2012

Gov. Andrew Cuomo visited New York’s Southern Tier region yesterday—specifically Binghamton—to get a first-hand update on the Southern Tier’s economic development plan. (Short version: our local economy is and has been in the crapper for years.) Gov. Andy was greeted by anti-drilling and some pro-drilling protesters. During a press conference, he was asked by reporters to comment on whether and when fracking would come to the state. His answer was non-committal—he’s a good politician that way.

Here’s what he did, and did not, say:

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Lawyer Tom West Sees Light at End of NY’s Fracking Tunnel
December 6, 2012December 6, 2012

Albany-area lawyer Tom West addressed the annual meeting of the New York State Association of General Contractors. He gave them his latest thinking on whether, and when, fracking may begin in New York. Why does Tom West’s opinion matter? He’s the lead attorney for two cases working their way through the court system now, both cases dealing with the right (or non-right) of local municipalities to outright ban shale gas drilling in their communities.

Tom has a better insight than most into what’s happening with fracking in New York. And he sees a teeny, tiny light at the end of a very long tunnel…

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Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Statewide NY

Siena Poll: NY Residents Unchanged, Majority Support Fracking
December 6, 2012December 6, 2012

According to the latest periodic Siena College Research Institute Poll, the trend that started in the previous poll showing a clear majority of New Yorker’s supporting fracking has continued in the most recent poll. In a poll taken Nov. 26-29, 42% of New Yorkers support fracking vs. 36% who oppose it. Those numbers are identical to the poll taken Oct. 22-24 (see this MDN story).

However, if you think that’s the end of the story, you would be wrong. A longer term trend we see in the underlying numbers is that there is stronger support for fracking in both in New York City and the suburbs of NYC than in upstate. In October, 43% of upstaters polled supported fracking vs. 41% who opposed it. In November, 39% of upstaters supported fracking vs. 45% who opposed it. Why the swing against fracking with upstaters?

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

The “Compendium of its Meaning” for NY Fracking
December 5, 2012December 5, 2012

Both sides of the drilling debate in New York are still coming to grips with both the fact, and the way, the state Dept. of Environment Conservation (DEC) filed for a 90-day extension to the fracking rulemaking process—keeping the possibility of fracking alive in New York.

Anti-drillers, never at a loss for things to complain about, mostly complain the DEC’s revised proposed rules don’t indicate where the rules have changed from previous versions (i.e. redline), making them flip back and forth between previous versions and the new version (perhaps they have a case for carpel tunnel syndrome?)…

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Hydraulic Fracturing | Industrywide Issues | New York | Onondaga County | Regulation

Town of Onondaga, NY Votes to Permanently Ban Fracking
December 4, 2012December 4, 2012

In a purely political move, the Town of Onondaga, NY (Syracuse suburb) voted last night to permanently ban hydraulic fracturing—even though a) the Syracuse watershed area, which Onondaga is part of, is expressly off limits for drilling in the DEC’s draft drilling rules, and b) such a permanent ban may not be legal (two similar cases are on appeal in NY courts).

The town had previously passed a temporary ban. Last night’s vote makes it “permanent”—although Onondaga’s ban will be ruled null and void if the two aforementioned cases are decided in favor of landowners (look for a decision in Spring 2013).

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Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY | Tompkins County

NY Politicians Mad at DEC for Filing Fracking Rule Extension
December 4, 2012December 4, 2012

Binghamton’s failed mayor, Matt Ryan, and other anti-drilling politicians went to Albany yesterday (presumably using taxpayer money to fund the trip) to carp and complain about the Dept. of Environmental Conservation’s filing for a 90-day rule extension which keeps the process of new fracking regulations alive—at least for another few months. Mayor Matt and Assemblywoman Barbara Lifton (from where else? Ithaca) want the DEC to knock it off:

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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Statewide NY

Stupidest Quote of the Year Goes to…Yoko Ono
December 4, 2012December 4, 2012

As part of a story on a new “fashion line” designed by Yoko Ono (and we use the word “fashion” very loosely—it’s really nothing more than men dressed up in pornographic attire), we came across what has to be the stupidest quote of the year from that towering intellect Ono:

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY DEC: We’ll Have our Cake and Eat it Too
December 3, 2012December 3, 2012

Last week when the New York Dept. of Environmental Conservation (DEC) filed for a 90-day extension to the rulemaking process for new fracking rules, the DEC issued a press statement to some media outlets (but still has not posted it on their website). A Gannett reporter provides us with the four paragraph statement, which contains several curious comments.

The following statement was made last week by DEC spokesperson Emily DeSantis:

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Pro-, Anti-Drillers Comment on NY DEC Revised Fracking Rules
December 3, 2012December 3, 2012

Following the release of a revised set of “tweaked” drilling rules last week by the New York Dept. of Environmental Conservation (DEC), both sides of the drilling debate had observations about the revised rules. In general, some of the language was tightened, tweaked or expanded. In some cases rules were made more strict (on setbacks, for example). What do pro- and anti-drillers think of the DEC’s 90-day rule extension and the documents released as part of it?

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY DEC Files for 90-Day Extension on Fracking Rules
November 30, 2012November 30, 2012

Yesterday the New York State Dept. of Environmental Conservation (DEC) applied for a 90-day extension to the rulemaking process with respect to new rules for hydraulic fracturing (“fracking”). As MDN has endlessly chronicled, the DEC faced a deadline of yesterday (Nov. 29) to either release revised new rules, not release them and start the process all over again, or file for a 90-day extension. They opted for Door #3.

As part of filing for the extension the DEC is required to release a “substantially revised” set of proposals which must be opened to public comment for a 30-day period. The DEC posted 11 documents on their website yesterday (see this page) as part of filing for the extension. The AP did some digging (and perhaps knows someone inside at DEC) and provided this brief analysis of the differences in the new rules from the previous draft, changes that are new and public for the first time with this release:

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Energy Companies | Hydraulic Fracturing | Industrywide Issues | Lenape Resources | Litigation | Livingston County | New York | Regulation | Statewide NY

Lenape Sues Avon, NY & DEC over Fracking Ban – Seeks $50M
November 30, 2012November 30, 2012

The residents of Avon, NY will have to come up with $50 million if a local driller wins a lawsuit filed earlier this month. Lenape Resources, a small, independent conventional (vertical) natural gas driller in western New York sued Avon, NY and the state Dept. of Environmental Conservation (DEC) because of a broad-based ban on fracking and natural gas activities in the township passed in June.

Avon, in a misguided attempt to ban fracking, drafted and passed a new zoning law so broad it affected not only unconventional shale drilling but also conventionally drilled (vertical) gas wells. At the time, Lanape’s president John Holko threatened to sue both the town and the DEC if the ban was not rescinded (see this MDN story for background on the ban and Holko’s threat of a lawsuit). The ban stayed, the DEC has refused to enforce a 1981 state law that says only the DEC has the power to regulate drilling, so Holko has sued. He’s asking for compensation to reimburse him for the millions the company has invested in wells and other infrastructure in the township, and for lost revenue because he’s had to shut it all down.

Way to go Avon! Three town board members have just bankrupted your township.

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Health Impacts | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY DEC Pays $480/Hour to Health Expert for Fracking Review
November 30, 2012November 30, 2012

Included in part of a Gannett story about the New York DEC’s release of revised portions of proposed drilling regulations, we got word of how much New York State is paying three outside “experts” to give an assist to State Health Commissioner Nirav Shah in his review of the DEC’s proposed fracking rules with an eye on their impact on public health.

The hourly amount paid to John Adgate makes me think I’m in the wrong profession:

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY DEC Files for 90-Day Fracking Rules Extension, What Now?
November 28, 2012November 28, 2012

It’s official: The New York Dept. of Environmental Conservation (DEC) will file for a 90-day extension on the rulemaking process for fracking. Although it would be better for the DEC to just release the new rules now, before tomorrow (Nov. 29), at least the process is still alive, albeit now delayed. Still, given the current climate in New York, MDN takes it as good news for landowners and a signal that drilling may indeed yet come to the Empire State.

Here’s how it all came down yesterday, with Gov. Andrew Cuomo admitting to reporters that the DEC will “have to” file for an extension:

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