It’s Official: Cuomo Bans Economic Opportunity & Prosperity in NY
Let the lawsuits begin! Yesterday the anti-drilling, anti-fossil fuel head of the New York Dept. of Environmental Conservation (DEC), Joe Martens, did his master’s bidding (his master being Lord Andrew Cuomo, Earl of the Hamptons) by imposing an official, TEMPORARY (not permanent) ban on hydraulic fracturing in the Empire State. The document issued yesterday by Martens is called a Findings Statement (full copy below) and it provides the DEC’s official rationale for the action they are taking in not granting permits for high volume fracking in the state. News coverage is blaring the trumpets that New York has “banned” fracking. Well, yes, in a sense that’s true. But the implication is that it’s a permanent ban–which is not true. Far from it. Martens uses profoundly weak arguments in the Findings Statement to justify his political action. One of his central arguments is what fracking “may” do to water supplies. A few weeks ago the federal EPA, after four years of intense study, found fracking is perfectly safe for water supplies (see EPA Draft Report Says Fracking Doesn’t Pollute Groundwater Supplies). We’d be embarrassed to try and peddle this horse manure if we were Martens–but he’s shameless. One thing is for sure: landowners and their lawyers, who have had their property rights illegally stripped away by Cuomo and Martens, are reading the Findings Statement and preparing lawsuits even now…
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This story comes right from MDN’s own backyard–in the Town of Windsor, NY. Following Gov. Andrew Cuomo’s decision to temporarily ban shale drilling while he’s in the governor’s chair, there was talk that some New York towns along the border of Pennsylvania are considering seceding from NY State and joining PA (see 
Earlier this week Marcellus Drilling News launched the fourth series of our 
We finally have the final version of the Supplemental Generic Environmental Impact Statement (SGEIS) from the NY Dept. of Environmental Conservation (DEC). This is the document that would control where and how (and if) fracking is done in the Empire State. The Final SGEIS (or FSGEIS), a full copy embedded below, is more than 2,000 pages long. No, we’ve not yet read it. But what we do know is that if drillers can drill and frack a well using less than 300,000 gallons of water, it’s permitted under this FSGEIS. Is such a thing possible? Probably not–at least not economically. You won’t make any money, so it’s a moot point. The FSGEIS is not the final document that will be issued. The very last thing to come will be a “Findings statement” by DEC Commissioner (and anti-driller) Joe Martens. According to state law, Martens cannot issue the Findings statement before 10 days from issuing the FSGEIS. Martens knows he’s going to get his rear-end sued from now until he leaves office, so he’ll take his time before releasing the Findings statement, which will essentially say “we don’t have enough science to prove fracking doesn’t harm people or the environment, so the safe thing to do is disallow it for now.” The phraseology he uses will be scrutinized and will be the basis of what we predict is at least several, possibly many lawsuits. Pro-drillers are not going away. Our property rights have been unconstitutionally stripped away. We will fight until we win…