New York state moves to ban hydraulic fracturing

Dec. 17, 2014
High-volume hydraulic fracturing will be banned in the state of New York, Gov. Andrew Cuomo’s administration announced Dec. 17, citing health risks and concerns about possible contamination of air and water. The state has had a temporary moratorium on fracturing in the Marcellus shale for years.

High-volume hydraulic fracturing will be banned in the state of New York, Gov. Andrew Cuomo’s administration announced Dec. 17, citing health risks and concerns about possible contamination of air and water. The state has had a temporary moratorium on fracturing in the Marcellus shale for years.

New York State Acting Health Commissioner Howard Zucker said, “We cannot afford to make a mistake. The potential risks are too great. In fact, they are not fully known.”

The New York State Department of Environmental Conservation is expected to issue a legally binding recommendation prohibiting fracturing based upon Zucker’s recommendation.

The American Petroleum Institute issued a comment from Karen Moreau, API New York State Petroleum Council executive director, saying Cuomo acted irresponsibly, putting the state’s economy on a reckless path.

“This is the wrong direction for New York,” Moreau said. “New York families, teachers, roads, and good-paying jobs have lost out to political gamesmanship.” She noted that communities in neighboring Pennsylvania have received hundreds of millions of dollars generated through the shale energy industry.

“Revenue from natural gas production supports road and bridge improvements, water and sewer projects, local housing initiatives, environmental programs and rehabilitation of greenways. We are resolved to continue to fight for these benefits in New York,” she said.

Cuomo told reporters at a news conference that his commissioners made the decision.

“I don’t think I even have a role here,” he said. More than 6 years ago, then-Gov. David Paterson ordered a ban on fracturing until the completion of a study by the environmental conservation department.

Initially that department released a draft report recommending fracturing be allowed, but public debate prompted the state to order a second draft. The governor later ordered the New York State Department of Health to conduct its own study. The health department delayed issuing that report several times.

Previously, the New York State Supreme Court Appellate Division ruled in 2013 that townships in the state of New York could ban hydraulic fracturing and shale gas drilling within municipal borders. The appeals court ruled in favor of the towns of Dryden and Middlefield (OGJ Online, May 2, 2013).

Contact Paula Dittrick at [email protected].

*Paula Dittrick is editor of OGJ’s Unconventional Oil & Gas Report.