Watching Government: Progress and setbacks

July 11, 2011
If New Jersey didn't actually steal New York's hydraulic fracturing thunder in late June, the Garden State at least shared it.

If New Jersey didn't actually steal New York's hydraulic fracturing thunder in late June, the Garden State at least shared it. Its Democrat-led senate and assembly each passed a bill banning fracing in the state on June 29 and sent the measure to Republican Gov. Chris Christie for approval. He reportedly might impose a 5-year moratorium instead.

New York's Department of Environmental Conservation, meanwhile, said on June 30 that it would release revised recommendations from its ongoing fracing review the next day. It essentially prohibited the process for recovering natural gas from tight shale formations in the New York City and Syracuse watersheds, and banned it within all primary aquifers and on state-owned land including forest and wildlife management areas. It also said fracing would be permitted on other private land, but with rigorous protective measures required.

New Jersey's actions could be symbolic since there apparently isn't any drilling there yet, although the Utica shale and the Newark basin may have potential. Oil and gas industry groups still paid attention.

"While New Jersey may not have significant supplies of natural gas, even a symbolic ban on hydraulic fracturing is an irresponsible step," said Tom Amontree, executive vice-president of America's Natural Gas Alliance. "Our industry has a 6-decade track record of safety and we are committed to answering people's questions in the communities where we work about the measures we take to ensure the safety of our process."

First outright ban

Energy in Depth Executive Director Lee O. Fuller told Christie in a July 1 letter that New Jersey would become the first state to ban fracing, even as its neighbor moves to allow Marcellus wells there to be fraced in a responsible and highly regulated way.

"Before you decide how to proceed on this legislation, we would like to invite you and your staff to tour a wellsite, so you can see for yourself how the process works," Fuller continued. "It's an invitation we're also extending to the primary cosponsors of the bill."

Industry groups, meanwhile, said they would need to study the New York DEC's latest recommendations more closely. "We are pleased to see that the process is moving forward, but we are disappointed that some of the earlier recommendations have been reversed," said New York Petroleum Council Pres. Mike Doyle.

At least one fracing opponent disliked the New York DEC's proposals. "Eighty-five percent of the Marcellus shale will be accessible under these regulations," said Wenonah Hauter, executive director of Food & Water Watch. Allowing fracing on private land at all within the state "would treat rural communities as sacrifice zones," she maintained.

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