In several recent remarks, Governor Andrew Cuomo has indicated that the long-delayed health study of hydraulic fracturing by the New York State Department of Health will be released before the end of 2014. Speaking Monday on the Capital Pressroom radio show, Cuomo referred to pending decisions on natural gas development and casinos, stating that “by
Lawsuits Over Hydraulic Fracturing SGEIS Imminent: Joint Landowners Threaten Suit Before Year End
It appears that the New York State Department of Environmental Conservation (“DEC”) will very likely face multiple legal challenges to its long-delayed issuance of a final Supplemental Generic Environmental Impact Statement (“SGEIS”) for the High-Volume Hydraulic Fracturing (“HVHF”) regulatory program. Lawyers representing the Bankruptcy Trustee of Norse Energy Corp. USA filed a letter with DEC Commissioner Martens demanding that he identify “a date certain in the near future when the SGEIS will be completed so that the many permit applications that were filed by Norse may be pursued.” “Absent a definitive and reasonable timetable” from DEC, Norse has declared its intent to sue the agency in state court seeking an order to compel finalization of the SGEIS.
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New EPA Administrator Touts The Benefits of Natural Gas
Newly confirmed EPA Administrator Gina McCarthy recently delivered a speech on reducing greenhouse gas emissions and creating jobs in the energy industry. According to Energy In Depth, her remarks included the statement that:
“Responsible development of natural gas is an important part of our work to curb climate change and support a robust clean energy market at home. It also has huge potential to help power our factories and our vehicles, while at the same time cutting our dependence on foreign oil.”
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The EPA’s Updated RE-Powering Mapper
As part of its RE-Powering America’s Land Initiative (“RE-Powering Initiative”), the United States Environmental Protection Agency (“EPA”) has released an updated RE-Powering Mapper (“Mapper”) tool to assist with redevelopment of contaminated sites with renewable energy. EPA’s RE-Powering Initiative promotes the reuse of potentially contaminated lands, landfills, and mine sites for renewable energy through a combination of tailored redevelopment tools for communities and developers, as well as site-specific technical support.
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Appeals Court Upholds Drilling Bans
In twin decisions handed down today, the Supreme Court, Appellate Division, Third Department upheld two local zoning laws that prohibit activities related to oil and gas development (commonly referred to as “hydraulic fracturing”) (the “zoning laws”). The two appeals, Matter of Norse Energy Corporation USA v. Town of Dryden and Cooperstown Holstein Corporation v. Town of Middlefield challenged the zoning laws as preempted by the Oil, Gas and Solution Mining Law (“OGSML”), codified at Environmental Conservation Law (“ECL”) 23-0301 et seq.
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Unconventional Compromises on Natural Gas Regulation
While New York’s natural gas resources remain locked down between perpetual regulatory limbo and extreme polarization among interest groups, recent events have proven that compromise is possible.
Last month, a coalition of environmentalists, industry representatives and lawmakers in Illinois reached a tentative agreement that would allow development of that state’s shale resources, ironically named the New Albany formation, to move forward. The negotiations were led by Illinois State Representative John Bradley, a democrat who lives in the area prospective for natural gas development.
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DEC Groundhog Sees Shadow – More Delay for New York Natural Gas Development – But Permits for High-Volume Hydraulic Fracturing May Be Issued In Weeks, Not Months
Co-authored by Thomas F. Puchner and David P. Flynn
Like the famous Punxsutawney Phil seeing his shadow, DEC has not timely emerged from its long-running study of environmental and health impacts of High-Volume Hydraulic Fracturing (“HVHF”), suggesting that there will be at least several more weeks, if not months, of delay before the final decision. On Tuesday, Health Commissioner Nirav Shah, sent a letter to DEC Commissioner Joseph Martens stating that his review is “on-going” and anticipated to be completed “within a few weeks.” According to Shah, the additional time is necessary “based on the complexity of issues” and for his team to attend briefings on several HVHF studies underway at the federal and state level.
Continue Reading DEC Groundhog Sees Shadow – More Delay for New York Natural Gas Development – But Permits for High-Volume Hydraulic Fracturing May Be Issued In Weeks, Not Months
DEC Commissioner Suggests SGEIS May Be Delayed…Again
Co-authored by Thomas F. Puchner and Patrick T. Fitzgerald
New York State Department of Environmental Conservation (“DEC”) Commissioner, Joseph Martens, spoke to legislators about his agency’s 2013-2014 budget on Monday. During the sometimes-feisty hearing, legislators peppered Martens with questions about the timeline for completion of the revised Supplemental Generic Environmental Impact Statement (“SGEIS”) and regulations for High-Volume Hydraulic Fracturing (“HVHF”). Martens confirmed that DEC may miss several key February deadlines which may cause the proposed HVHF regulations to expire. Martens reiterated his agency’s position that it has “no specific timetable” for completing the process.
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A Rational Path Forward for Shale Gas Development in New York?
There is new hope for the long-stalled development of New York’s Marcellus and Utica Shale resources. A story published last week by the New York Times reports on a Cuomo administration strategy to break the log-jam that has bogged down the opening of New York’s shale gas resources to hydraulic fracturing. According to an unnamed senior official with the New York State Department of Environmental Conservation (NYSDEC), the new strategy would limit drilling to the deepest areas of the Marcellus Shale, where the top of the formation is a minimum of 2,000 feet deep. The proposal for limited drilling would be in place at least for the next few years, in an effort to reduce the risk of groundwater contamination.
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New York’s Solar Jobs Act May Boost Returns on Solar R&D
Considering the current climate of hostility toward renewable energy in the wake of the Solyndra debacle, it may come as a surprise that in general, renewable energy remains a strong investment.
To place the return on the federal government’s clean energy research and development (“R&D”) investment into the proper context, Joseph Romm of Climate Progress recently referenced a report by the National Academy of Sciences (“NAS”) which independently verified the U.S. Department of Energy’s (“DOE’s”) venture capital success.
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