New York state officials planned in 2015 to officially ban high-volume hydraulic fracturing, which would end a temporary moratorium that has existed in the state for years pending studies on the possible health consequences of fracturing in the Marcellus shale.
Gov. Andrew Cuomo's administration announced the decision Dec. 17, 2014, citing health risks and concerns about possible contamination of air and water.
The New York State Department of Environmental Conservation (DEC) said it would issue a legally binding recommendation prohibiting fracturing based upon the recommendation of acting Health Commissioner Howard Zucker.
DEC Commissioner Joe Martens said his department would issue a final environmental impact statement in early 2015 to be followed by an order from him prohibiting the use of high-volume fracturing.
Fracturing and horizontal drilling enabled the gas drilling boom in the Marcellus, underlying southern New York, Pennsylvania, Ohio, and West Virginia.
David Spigelmyer, president of the Marcellus Shale Coalition, has said drilling was not imminent in New York anyway because many promising drilling locations remain in Pennsylvania where industry faced much more certainty about regulations.
In an interview with KQED, a Northern California NPR affiliate station, US Secretary of the Interior Sally Jewell said she believes "a lot of misinformation" exists about fracturing.
"I think that localized efforts or statewide efforts in many cases don't understand the science behind it, and I think there needs to be more science," Jewell said when asked about New York's decision.
API comments
The American Petroleum Institute issued a comment from Karen Moreau, API New York State Petroleum Council executive director, saying Gov. 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.
Gov. Cuomo told reporters at a news conference that his commissioners made the decision rather than himself. He believes the decision was based upon factual information but that lawsuits still could be filed "every which way from Sunday."
He called the debate over fracturing the "most emotional" issue that he had dealt with as governor.
"They're not listening, and they're not hearing, and they're yelling," he said of trying to talk with opponents of fracturing.
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. Gov. Cuomo later ordered the New York State Department of Health to conduct its own study. The health department delayed issuing that report several times.
Upon announcing his recommendation, Zucker said, "We cannot afford to make a mistake. The potential risks are too great. In fact, they are not fully known."
Previously, the New York State Supreme Court Appellate Division ruled in 2013 that townships in New York state 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).
Mark Brownstein, associate vice-president of the Environmental Defense Fund, said EDF believes every state has the right to decide whether or not unconventional oil and gas development "is consistent with the interests and wishes of its citizens."
He noted New York remains the country's fifth largest gas consumer with an extensive network of gas transmission and distribution lines.
"Methane leaking from these systems has more than 80 times the climate-warming power of carbon dioxide over a 20-year timeframe," Brownstein said. "State officials and the companies that operate these pipes need to find and fix those leaks as part of the ongoing effort to modernize New York's electric and gas infrastructure and accelerate the state's transition to cleaner, renewable, and more efficient energy."
