Co-authored by Thomas F. Puchner and David P. Flynn

Delay.gifLike 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

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.
Continue Reading DEC Commissioner Suggests SGEIS May Be Delayed…Again