Anti-Drillers’ Perspective on Where Things Stand in NY
New York Residents Against Drilling (NYRAD) recently issued an email containing a letter from Walter Hang of Toxics Targeting (based in where else? Ithaca, NY). Hang issued a Thanksgiving message (forwarded by NYRAD) celebrating another year without fracking in New York, and updating the faithful on where things stand with the current moratorium. Hang does a pretty fair job of representing the complex situation as it stands in New York, and what may/may not happen next.
MDN is reprinting his entire message below (no changes, no comments, formatting as originally received) to offer those interested in what’s happening with fracking in NY a chance to see the issue through the eyes of anti-drillers. Sometimes it’s useful to walk in the other guy’s shoes to gain perspective…
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Finally, a bit of good news for New Yorkers who want to see fracking come to the Empire State. As MDN has pointed out many times, the situation in New York State (will they or won’t they allow fracking?) is like a protracted death scene in an opera. Die already!
New York Gov. Andrew Cuomo—someone who apparently has trouble deciding what to have for breakfast, let alone decide a major issue like whether or not to allow fracking—went on the record yesterday saying that the Nov. 29 deadline to release new drilling rules will not be met. Cuomo said the deadline for a new health review, yet another delay thought up by DEC Commissioner Joe Martens and being carried out by State Health Commissioner Nirav Shah, is “open-ended.” The so-called “impartial experts” Nirav Shah has hired to conduct an outside review are anything but impartial, and they’ve been given no firm deadline to turn in a report.
An important court case has ruled in favor of landowners against energy companies in New York State. Last Thursday, U.S. District Court Judge David Hurd ruled against Chesapeake Energy and Inflection Energy (and in favor of landowners) in a case where the companies had tried to extend leases beyond the original term by invoking “force majeure,” a legal phrase that means the terms of the lease could not be carried out due to extenuating circumstances.
Is there any chance that New York will move forward with releasing new shale gas drilling rules by Nov. 29, the one year anniversary after the last public hearing on the new rules (and by which the rules must be released or the rulemaking process restarts)? No. Not a chance.