Failures of State/Federal Government in Protecting Communities and Environment

December 14, 2010

  • 109th Congress Energy Policy Act 2005, Title III, Section 327 exempted the use of fracking fluids from Safe Drinking Water Act (SWDA).
  • The current 111th congress has let HR 2766 and S 1215 (bills that remove the fracking fluids exemption from the SDWA) stagnate in committee.  
  • NYS ECL Article 23, Title 3,  Section  23-0303 removed home rule from local communities.
  • NYS ECL Article 23, Title 9, Section 23-0901 specifies Compulsory Integration.  
  • NYS DEC issued dGEIS 30-Sep-09 containing several shortcomings/flaws that do not protect our environment.

Filed under Official Actions--Legislation, judgments,regulation Tagged with , , , , ,

Ban in Otisco Watershed Dec. 13, 2010

December 14, 2010 2 Comments

One more victory to add to this very exciting day!
Tonight the Otisco Town Board unanimously voted for a moratorium in our Otisco Lake watershed and the Town of Otisco!  This was after we all heard Don Siegel, SU Professor (pro-fracking) speak for well over an hour.  The Board was gracious enough to allow us to speak as well (we had our “day in the sun” twice before) and ask Dr. Siegel questions, sometimes disputing and challenging what he had said.  All in all it was a very cordial evening, everyone was very respectful.  We expressed our appreciation for his time and “knowledge” and he actually complimented us (all people/groups working against hydrofracking) for doing what we are doing.  He said, “If it is done in NY State, it will be done w/ strong regulatory standards and we all have the Advocates against hydrofracking to thank for that.”  But he did paint a very benign picture of hydrofracking and kept making reference to “scare tactics” and being offended by the untruths of what is being said about “his” science.
I want to thank everyone who was able to be there and who came out in this horrible weather, OLPA Members: Kristin and Marty Ryan, Peg Kronen, Margie and Tim Creamer, and Ken Liberman.  ShaleShockCNY Members:  Joe Flynn, John Sutton, Diane LoDolce , Kitty Burns, and Norm Stormes (Mary Menapace was stuck in Atlanta, Dave Kelly was stuck at work and Teri Lore threw her back out and had just come from the Chiropractor, but thanks for trying to make it!).  
THANK YOU to everyone who spoke up…we are being heard! 
Anita Williams, President
Otisco Lake Preservation Association

Filed under Official Actions--Legislation, judgments,regulation Tagged with , , ,

Paterson’s Executive Order #41 on 12/14/2010

December 12, 2010

You can read the Executive Order at: http://www.state.ny.us/governor/executive_orders/exeorders/EO41.html

 

Walter Hang’s Commentary:  Stunning Developments/Cuomo is Our Next Target 

Greetings, I write to bring you up to date on the stunning developments regarding the veto of the mini-moratorium bill and Governor David A. Paterson’s landmark Executive Order 41. When the Governor vetoed the mini-moratorium bill late last Saturday, it was reported that he would issue an Executive Order requiring that “…if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest.”  Mini-moratorium supporters declared: “New York is the first state in the union to legally impose a statewide moratorium on high-volume hydraulic fracturing…”  They also called the Governor’s action an “historic victory for the citizens of New York State.”

In fact, the Executive Order does not impose any moratorium on horizontal hydrofracking.  According to “Executive Order No. 41: Requiring Further Environmental Review,” no horizontal hydrofracking permits can be issued until a Final SGEIS is adopted.  This is exactly the same de facto moratorium that has been in-place in New York for the last two and a half years. 

Nevertheless, the Governor’s order is SUPER IMPORTANT because it requires DEC to issue a “revised” draft SGEIS, accept public comment on the revisions and submit a report to the Governor regarding “the regulatory conditions that are necessary to include in oil and gas well permits to protect public health and the environment.”  The Executive Order specifically requires: “The Department shall complete its review of the public comments, make such revisions to the Draft SGEIS that are necessary to analyze comprehensively (emphasis added) the environmental impacts associated with high-volume hydraulic fracturing combined with horizontal drilling, ensure that such impacts are appropriately avoided or mitigated consistent with the State Environmental Quality Review Act (SEQRA), other provisions of the Environmental Conservation Law and other laws, and ensures that adequate regulatory measures are identified to protect public health and the environment;”
DEC cannot possibly fulfill the Executive Order unless it expands the original scope of its SGEIS proceeding.  If you read between the lines of Acting DEC Commissioner Peter Iwanowicz’s quotes in today’s New York Times, that conclusion is perfectly clear:  “Peter M. Iwanowicz, the department’s acting commissioner, said many of the comments have criticized the proposed standards for failing to adequately address issues like the cumulative impact of multiple drill sites, disposal of wastewater from the drilling and the protection of drinking water. He said ‘it behooves’ the next administration to incorporate the range of different issues in the revised draft.”  The specific issues Peter references were excluded from the scope of the original SGEIS.  Wastewater management and drinking water protection are two of the critical issues spelled out in our coalition letter to Governor Paterson.  “The governor’s order said no drilling permits could be issued until completion of the final standards ‘subsequent to the conclusion of the public comment period,’ meaning July 1 at the earliest. Mr. Iwanowicz said drilling could theoretically begin in 2011, ‘but a lot of it depends on how the issues are addressed by this draft.'”
See: http://www.toxicstargeting.com/news/2010-12-14/new-round-comments-drilling        
        or http://www.nytimes.com/2010/12/14/nyregion/14frack.html?ref=nyregion
We must take concerted action to make sure Governor-Elect Cuomo does not rescind the Executive Order.  That is highly unlikely because he would become the focus of intense criticism, to say the least.   We must also require the scope of the revised draft SGEIS to be expanded to include each and every single one of the major concerns identified in our coalition letter as well as by the thousands of other elected officials, environmental groups, business owners and concerned citizens.–Walter Hang

============================

“The Capitol Pressroom program for December 13, 2010: “…The comingling of Governor Paterson’s veto-of-moratorium-slash-executive-order-to-continue-studying-the-gas-drilling-issue has some environmentalists claiming victory, and some others protesting at his offices in New York City with movie stars. We hear from both perspectives, as well as from John Holko of IOGANY (phone). And we talk hydrofracking, partisanship in Albany, pensions & the 2010 elections, as well as his future political career with outgoing Assemblyman Michael Benjamin (studio) who is retiring from the state legislature at the end of the month, but not politics…” ” (The Capitol Pressroom/WCNY) (NY)- http://thecapitolpressroom.org/the-capitol-pressroom-program-for-december-13-2010/ (Download here- http://hotfile.com/dl/89496081/dbef518/TheCapitolPressroom12-13-10.mp3.html )

Filed under Official Actions--Legislation, judgments,regulation Tagged with , , , ,

Governor Issues Executive Order on Moratorium

December 11, 2010

 

http://www.state.ny.us/governor/executive_orders/exeorders/EO41.html
Here is the text:
EXECUTIVE ORDER
No. 41: REQUIRING FURTHER ENVIRONMENTAL REVIEW
WHEREAS, the 2009 New York State Energy Plan supports the development of in-State energy resources, including natural gas, to achieve the Plan’s multiple public policy objectives; and
WHEREAS, low-volume hydraulic fracturing, or conventional fracking, has been used successfully and safely in New York State for many years to extract natural gas consistent with the Generic Environmental Impact Statement (GEIS) for Oil, Gas and Solution Mining Regulatory Program promulgated by the New York State Department of Environmental Conservation (Department) in 1992; and

WHEREAS, new technologies have emerged, and are being deployed in other states, to extract natural gas more efficiently through a process known as high-volume hydraulic fracturing combined with horizontal drilling; and

WHEREAS, there is a need for further study of this new technology prior to deployment in New York State; and

WHEREAS, in 2008, I directed the Commissioner of Environmental Conservation to initiate a formal public process to update the 1992 GEIS to ensure that any new technologies deployed in New York State are first thoroughly analyzed and regulated to ensure that all environmental and public health impacts are mitigated or avoided; and

WHEREAS, the Department issued a draft scope for an updated GEIS on October 6, 2008, held public meetings in the Marcellus shale region, received more than 3,000 written comments, and issued a final scope for the Supplemental Generic Environmental Impact Statement (SGEIS) on February 6, 2009.  The Department released the Draft SGEIS for public review and comment on September 30, 2009, held four public hearings in the region and New York City, and received more than 13,000 written comments during a public comment period that closed December 31, 2009; and

WHEREAS, tens of thousands of citizens, landowners, local governments, large and small businesses, non-governmental organizations, and other stakeholders have expressed their heartfelt support for or opposition to the new technology, but most agree that an objective, science-based analysis is the best approach to setting new policy.

NOW, THEREFORE, I, David A. Paterson, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby order as follows:

   1. The Department shall complete its review of the public comments, make such revisions to the Draft SGEIS that are necessary to analyze comprehensively the environmental impacts associated with high-volume hydraulic fracturing combined with horizontal drilling, ensure that such impacts are appropriately avoided or mitigated consistent with the State Environmental Quality Review Act (SEQRA), other provisions of the Environmental Conservation Law and other laws, and ensures that adequate regulatory measures are identified to protect public health and the environment; and
   2. On or about June 1, 2011, the Department shall publish a Revised Draft SGEIS, accept pubic comment on the revisions for a period of not less than thirty days, and may schedule public hearings on such revisions to be conducted in the Marcellus shale region and New York City; and
   3. Recognizing that, pursuant to SEQRA, no permits may be issued prior to the completion of a Final SGEIS, the Department, subsequent to the conclusion of the public comment period, shall report to the Governor on the status of the Final SGEIS and the regulatory conditions that are necessary to include in oil and gas well permits to protect public health and the environment.    

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this thirteenth day of December in the year two thousand ten.
BY THE GOVERNOR 
     
Secretary to the Governor

=========================================================================================================================================

HISTORIC VICTORY FOR THE CITIZENS OF NEW YORK STATE
In an amazing victory for the citizens of New York State, Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest.  New York State becomes the first state to have a formal prohibition on high volume horizontal hydrofacking because of concerns about environmental impacts.  Regretablly instead of signing the “Moratorium Bill” legislation sent to him that included a prohibition on vertical hyrdofracking that was passed by on overwhelming bi partisan majority in both houses of the State government he decided instead to succumb to industry pressure and issue the Executive Order that eliminates vertical wells from the prohibition. While the Executive Order is historic and proves that our concerns over hydrofracking are legitimate it is also a disappointment because vertical wells are also dangerous.

The gas and oil industry lobby deliberately misinterpreted a section of the Moratorium Bill claiming it would bring all gas drilling in New York State to a halt.  The bill only specified a moratorium on drilling for wells using hydrofracking, whether they are vertically or horizontally drilled.
A moratorium banning the fracking of vertical wells is very important for several reasons:
1.    Gas companies have been clear that they plan to drill vertical wells in the Utica and Marcellus shale with the intention of converting them to horizontal wells.
2.    While the State Senate was considering a two-year moratorium on horizontal wells the gas industry threatened to drill and frack 16 vertical wells every square mile in retribution if a moratorium on fracked horizontal wells was passed.
3.    Some of the worst water contamination problems, such as in Dimock, PA came from vertical wells drilled and fractured in the Marcellus Shale.
We now look to Governor Elect Andrew Cuomo to protect the Citizens of New York from the dangers of hydro fracking by any method including vertical drilling and horizontal drilling and including all shale formations.

BELOW IS THE GOVERNORS PRESS RELEASE

 

To embed this news release, copy the code below and paste it into your website or blog. Preview

Governor Paterson Issues Executive Order on Hydraulic Fracturing

ALBANY, NY (12/11/2010)(readMedia)– Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. This should allay any fears that high-volume hydraulic fracturing and horizontal drilling under study by DEC will commence without assurances of safety. “We in government must always focus on protecting the well-being of those whom we represent and serve, but we also have an obligation to look to the future and protect the long-term interests for our State and its residents,” Governor Paterson said. “Therefore, I am proud to issue this Executive Order, which will guarantee that before any high-volume, horizontal hydraulic fracturing is permitted, the Department of Environmental Conversation will complete its studies and certify that such operations are safe.” Permits for high-volume, horizontal hydraulic fracturing can not be issued until the Department of Environmental Conservation (DEC) completes a Supplemental Generic Environmental Impact Statement (SGEIS), which is currently being developed. As a result, there is already in place a de-facto moratorium on such permits. The Governor issued the Executive Order contemporaneously with his veto of S.8129-B/A.11443-B, which would have suspended the issuance of new oil and gas drilling permits through May 15, 2011, including all conventional, low-volume, vertical oil and gas wells. “This legislation, which was well intentioned, would have a serious impact on our State if signed into law. Enacting this legislation would put people out of work – work that is permitted by the Department of Environmental Conservation and causes no demonstrated environmental harm, in order to effectuate a moratorium that is principally symbolic,” Governor Paterson said. “Symbols can have great importance, but particularly in our current terrible economic straits, I cannot agree to put individuals out of work for a symbolic act.” “I am sympathetic to the sponsors’ desire to protect the environment and public health, and I respect the concerns that produced this legislation,” the Governor continued. “But this legislation does not accomplish this purpose, since the activities at the heart of the moratorium are not currently taking place, and would not take place until well after the legislation’s proposed moratorium.” The bill goes well beyond high-volume, horizontal hydraulic fracturing and effectively would result in a moratorium on all new oil and gas well drilling in this State. The cessation of such new activity, even for a limited period, would have substantial negative financial consequences for the State, local governments, landowners and small businesses involved in conventional oil and gas production. The Division of the Budget estimates that the bill would cause a substantial reduction in State revenues from the loss of permit fees and tax revenue. With a $315 million budget gap in the current fiscal year, and a projected gap of over $9 billion in the 2011-12 State fiscal year, New York simply cannot afford to send hundreds and perhaps thousands of jobs, and millions of dollars in capital investment to Pennsylvania and other states to our south. ### Additional news available at www.ny.gov/governor | High resolution images available at www.ny.gov/governor/mediaimages | password: paterson | New York State | Executive Chamber | press.office@chamber.state.ny.us | 212.681.4640 | 518.474.8418 | Follow us on Facebook and Twitter

From: “governors.press.office@chamber.state.ny.us” <governors.press.office@chamber.state.ny.us>
Date: Sat, 11 Dec 2010 15:51:28 -0500
To: Katherine Nadeau<knadeau@eany.org>
Subject: Governor Paterson Issues Executive Order on Hydraulic Fracturing
News from New York State Office of the Governor
For more information contact: Jessica Bassett, 518-474-8418/212-681-4640
Governor Paterson Issues Executive Order on Hydraulic Fracturing
ALBANY, NY (12/11/2010)(readMedia)– Governor David A. Paterson has issued an Executive Order directing the Department of Environmental Conservation (DEC) to conduct further comprehensive review and analysis of high-volume hydraulic fracturing in the Marcellus Shale. The Executive Order requires that, if approved, high-volume, horizontal hydraulic fracturing would not be permitted until July 1, 2011, at the earliest. This should allay any fears that high-volume hydraulic fracturing and horizontal drilling under study by DEC will commence without assurances of safety.
“We in government must always focus on protecting the well-being of those whom we represent and serve, but we also have an obligation to look to the future and protect the long-term interests for our State and its residents,” Governor Paterson said. “Therefore, I am proud to issue this Executive Order, which will guarantee that before any high-volume, horizontal hydraulic fracturing is permitted, the Department of Environmental Conversation will complete its studies and certify that such operations are safe.”
Permits for high-volume, horizontal hydraulic fracturing can not be issued until the Department of Environmental Conservation (DEC) completes a Supplemental Generic Environmental Impact Statement (SGEIS), which is currently being developed. As a result, there is already in place a de-facto moratorium on such permits.
The Governor issued the Executive Order contemporaneously with his veto of S.8129-B/A.11443-B, which would have suspended the issuance of new oil and gas drilling permits through May 15, 2011, including all conventional, low-volume, vertical oil and gas wells.
“This legislation, which was well intentioned, would have a serious impact on our State if signed into law. Enacting this legislation would put people out of work – work that is permitted by the Department of Environmental Conservation and causes no demonstrated environmental harm, in order to effectuate a moratorium that is principally symbolic,” Governor Paterson said. “Symbols can have great importance, but particularly in our current terrible economic straits, I cannot agree to put individuals out of work for a symbolic act.”
“I am sympathetic to the sponsors’ desire to protect the environment and public health, and I respect the concerns that produced this legislation,” the Governor continued. “But this legislation does not accomplish this purpose, since the activities at the heart of the moratorium are not currently taking place, and would not take place until well after the legislation’s proposed moratorium.”
The bill goes well beyond high-volume, horizontal hydraulic fracturing and effectively would result in a moratorium on all new oil and gas well drilling in this State. The cessation of such new activity, even for a limited period, would have substantial negative financial consequences for the State, local governments, landowners and small businesses involved in conventional oil and gas production.
The Division of the Budget estimates that the bill would cause a substantial reduction in State revenues from the loss of permit fees and tax revenue. With a $315 million budget gap in the current fiscal year, and a projected gap of over $9 billion in the 2011-12 State fiscal year, New York simply cannot afford to send hundreds and perhaps thousands of jobs, and millions of dollars in capital investment to Pennsylvania and other states to our south.
###
Additional news available at www.ny.gov/governor | High resolution images available at www.ny.gov/governor/mediaimages | password: paterson | New York State | Executive Chamber | press.office@chamber.state.ny.us | 212.681.4640 | 518.474.8418 | Follow us on Facebook and Twitter
Permalink: http://readme.readmedia.com/Governor-Paterson-Issues-Executive-Order-on-Hydraulic-Fracturing/1795007

Filed under Official Actions--Legislation, judgments,regulation Tagged with , , , ,

NYS State Forest Management Plan Finalized

November 4, 2010

NYS State Forest Management Plan Finalized

This plan and generic environmental impact statement (GEIS) will guide the future management of the state’s 786,329-acre State Forest holdings. Key goals focus on ecosystem health and diversity, economic benefits, recreational opportunities, forest conservation and sustainable management.

The plan was presented in draft form on September 1, 2010. The draft plan was available for public comment until October 29th. Comments were also received and considered after the deadline. Over 3,000 written comments were received. Nine public hearings were held throughout the state from September 14th – 30th.

The plan has been edited based on public input and is now considered final DEC Office of Natural Resources policy for the development of State Forest Unit Management Plans. A responsiveness document will be posted on this website, and will include DEC’s responses to the many comments received.*** Revision of the plan is scheduled to occur every 10 years.  it is not up as of this writing

Notice of Acceptance of Final GEIS

The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed Final Strategic Plan for State Forest Management. Electronic copies of the Final Strategic Plan and Final GEIS are available online at: www.dec.ny.gov/lands/64567.html or by requesting a CD by e-mail at stateforestplan@gw.dec.state.ny.us or by calling NYS DEC regional offices.

NYS DEC announces the completion of the Final Strategic Plan for State Forest Management (Plan) and Final Generic Environmental Impact Statement (GEIS). This notice has been prepared in accordance with Article 8 of the Environmental Conservation Law. NYS DEC held public hearings in each NYS DEC administrative region on the Draft Plan, released September 1, 2010 and accepted public comments until October 29, 2010. These hearings also served as public hearings on the Draft GEIS pursuant to the applicable SEQR Act (6NYCRR §617.9(a)(4)).

The final Plan is an update and revision of the Draft Strategic Plan for State Forest Management which includes identifications of future management goals for NYS DEC administered State Forests. It establishes statewide management guidelines for NYS DEC staff through a process of public involvement and review. The plan provides a foundation for the development of Unit Management Plans (UMPs), which set forth the specific actions to be undertaken by NYS DEC on individual State Forests. As individual UMPs are developed, this plan will serve as a guide and will be included by reference. This plan will be revised at least once every ten years.

This Plan describes how State Forests will be managed in a sustainable manner by promoting ecosystem health, enhancing landscape biodiversity, protecting soil productivity and water quality. In addition, State Forests will continue to provide the many recreational, social and economic benefits valued so highly by the people of New York State. NYS DEC will continue the legacy which started 80 years ago, leaving these lands to the next generation in better condition than they are today.

Five goals were developed for the management of State Forests. These goals were based on the criteria developed in the Montreal Process and are as follows:

  • Goal 1, to provide healthy and biologically diverse ecosystems;
  • Goal 2, to maintain human-made State Forest assets;
  • Goal 3, to provide recreational opportunities for people of all ages and abilities;
  • Goal 4, to provide economic benefits to the people of the State; and
  • Goal 5, to provide a legal framework for forest conservation and sustainable management of State Forests.

Activities that have the potential to cause significant adverse impacts were addressed and include: increased public recreational use, facility development, prescribed fire, silvicultural activities, oil and gas drilling and control of competing vegetation and invasive species. Potential impacts were further discussed in the Draft GEIS including soil erosion, damage to vegetation, increased smoke and associated odors, surface and groundwater effects and effects of pesticides on the environment, including non-target species. The final Plan discusses all of these potential impacts and describes recommended management activities and mitigation measures to minimize potential impacts.

Contact: Justin Perry, NYS DEC – Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, Phone: (518) 402-9436 begin_of_the_skype_

highlighting              (518) 402-9436      end_of_the_skype_highlighting, E-mail: japerry@gw.dec.state.ny.us.

Comments on:Final DEC Strategic Plan for Forest Management

Comparison of draft and final Strategic Plans for forest Management–Jim Weiss

The Strategic Plan for State Forest Management has been released by NYSDEC.
From the executive summary: Mineral Resources

  • The leasing and development of natural gas and oil resources can provide jobs and income to
  • the State while increasing domestic energy supplies. Oil and natural gas are valuable resources
  • which can provide energy and revenue, as well as the opportunity for improvements to the
  • existing infrastructure of the State Forests (such as improving access through upgrading existing
  • roads, culverts and gates).
  • As with any other human activity on State lands, oil and natural gas exploration and
  • development can impact the environment. The biggest risks from natural gas exploration and
  • development are potential impacts on underground aquifers and residential water wells in the
  • immediate area of drilling. While techniques used today are far more advanced and protective
  • of ground water, there are still risks   as with almost any construction or development project.
  • The Department will incorporate all available technologies and methods to reduce these risks.
  • Emerging issues include disposal by injection and carbon capture.  Neither of these activities is
  • currently taking place on State Forest lands.
  • Recommended actions include:
  • • Apply a hierarchical approach that classifies areas of each State Forest into specific
  • categories.
  • • Adapt the draft guidance for pipelines on State Forests to the DEC policy system and
  • expanding it to include guidance on strategies for dealing with existing pipeline corridors
  • and establishment of new pipeline corridors.  If the issue of existing unauthorized
  • pipelines cannot be sufficiently addressed at the policy level, propose legislation to
  • resolve the issue.
  • • Finalize and adopt the current draft policy on seismic exploration.
  • • Adopt policies addressing disposal by injection and carbon capture and sequestration.
  • • Adopt a policy on tract assessments for oil and gas leasing, based on mineral character
  • and expected mineral activity, site condition, and public use.
  • • Adopt a policy on water use for oil and gas extraction, based on information in theDivision of Mineral Resources GEIS

    • Starting on page 226 of Chapter 5 you will find the portion relating to hydrofracking.  The concerns raised by the public seem to have at least been considered on page 331 which the following link will take you to: Click here: Chapters 5-7 + Appendices Starting on page 226 of Chapter 5 you will find the portion relating to hydrofracking.  The concerns raised by the public seem to have at least been considered on page 231 which the following link will take you to: Click here: http://www.dec.ny.gov/docs/lands_forests_pdf/spsfmfinal3.pdf . Text of Mineral Resources section: https://gdacc.org/wp-content/uploads/2011/01/final-plan-mineral-resources.pdf

    Pipelines:

    The document appears to have sidestepped an important pipeline issue:  The DEC correctly points to the PSC (Public Service Commission ) as the controlling authority for lines that are outside the wellpad.

    However, the plan sidesteps when it come to handling the pipeline ROW (right of way). On non-state forest land this is handled in one of two ways: a) by a formal easement with the landholder or, b) thru an eminent domain (condemnation) procedure (whereby the ROW is “taken”, presumeaby against the owner’s wishes and the owner is compensated.

    Eminent domain applies in two cases: a) the pipeline is between states and the authority is federal (by Federal Energy Regulatory Commission , FERC), lines permitted by FERC carry emminent domain authority. b) within state lines, these carry eminent domain authority IF the Co. has Public Utility status.

    Now, what’s the pipeline deal in the forests?  will the state negotiate for ROWs, or will it require eminent domain authority in which case the Co will, in conjunction with the PSC or FERC, determine the routing (in this case DEC will NOT be a controlling entity, but presumeably consulted)?

    Remember, no wells without pipelines.


     

    DEC Strategic Plan for State Forest Management (DRAFT)

    This draft plan and generic environmental impact statement (GEIS) will guide the future management of the state’s 786,329-acre State Forest holdings and is being made available for public review and comment. Key goals focus on ecosystem health and diversity, economic benefits, recreational opportunities, forest conservation and sustainable management.

    Press Release

    Guides to understanding the Strategic Plan:

    ——————

    Essay on Impact of Industrial Drilling in State Forests

    Lost in the Woods By Peter Mantius

    BURDETT, Oct. 25 — It’s open season on New York’s state forests.

    State regulators are asking for public comment by Oct. 29 on a proposal to let gas drillers hydrofrack the forests and criss-cross them with construction roads and natural gas gathering lines.

    In Schuyler County alone, this could affect — or decimate — more than 10,000 acres in five state forests: Sugar Hill, Coon Hollow, Cinnamon Lake, Beaver Dam and Goundry Hill.

    Most of this land was acquired about 80 years ago for about $4 an acre. The forests are used by hikers, hunters, horseback riders, snowmobilers and others.

    The idea of industrializing any portion of them would appear to violate both the spirit and the letter of the Depression-era laws passed to assemble and protect them. Those special woodlands, the laws said, shall be “forever devoted to reforestation and the establishment and maintenance thereon of forests for watershed protection, the production of timber and for recreation and kindred purposes.”

    The New York State Department of Environmental Conservation apparently isn’t worried about every fine point in dusty old statutes.

    Applying an extraordinarily broad legal interpretation, the agency is prepared to expand the list of legal “kindred purposes” to include so called high-volume hydraulic fracturing, toxic wastewater storage in ponds, underground natural gas storage, heavy trucking and widespread road and pipeline construction.

    This comes from the same agency that warns state forest hikers: “Don’t litter! Stay on designated trails. Do not cause damage by heedlessly trampling trail side vegetation.”

    So littering is bad, but hydrofracking is OK? Surely, this agency is lost in the woods. Read more of this post

    Filed under Official Actions--Legislation, judgments,regulation Tagged with , , , , , , , ,

    Drilling Begins Near NYC Watershed

    October 23, 2010

    WATERSHED HEARING CANCELLED – INDUSTRY WALKS
    Last week the gas industry withdrew from an important
    hearing intended to challenge 14 “test wells” within
    the Upper Delaware Watershed region.

    The industry withdrew its multiple challenges to our
    assertions of the inherent dangers to public health
    posed by their drilling activities. At this time we
    are reviewing our legal options…
    http://www.damascuscitizens.org/DRBC.html

    READ EXPERT REPORTS – SEND COMMENTS TO DRBC
    Delaware RiverKeeper and Damascus Citizens
    have submitted comprehensive scientific reports
    to the Delaware River Basin Commission [DRBC].

    Please read the DRBC proposed regulations –
    and submit your comments online…
    http://www.damascuscitizens.org/DRBC-HEARING.html

    The Huffington Post
    SEPTEMBER 23, 2010
    Alison Rose Levy
    Health journalist, coach, and advocate, Friends of Health, www.healthjournalist.com
    Posted: September 23, 2010 12:18 PM
    Gas Drilling With Brain-Damaging Chemicals Begins Near NYC’s Water Source

    The Obama Administration declined a request to use its veto power to temporarily halt gas drilling in the Delaware River Basin, which supplies half of New York City’s water. Five percent of this country’s water supply, providing drinking, cleaning, and agricultural water to fifteen to seventeen million people, comes from the Delaware River, recently declared the 2010 “most endangered river” in the U.S. by American Rivers.
    Representative Maurice Hinchey (D-NY) asked the federal government to use its deciding vote to issue a temporary ban, pending a study of how “fracking” will impact the water upon which major populations rely. Fracking is a gas drilling process that appropriates public water and injects high volumes of undisclosed and unregulated toxic chemicals into the earth in order to mine gas. As depicted in the film, Gasland, and confirmed by many news reports, this process has contaminated water supplies throughout the U.S.
    Scientific research indicates that certain chemicals in large concentration in fracking fluid are carcinogens and neurotoxins that act on the hormones and brain even in extremely low concentrations.
    “We simply cannot continue to assume that very low levels of harmful chemicals are safe,” says the Endocrine Disruption Exchange (TEDX), a scientific research group founded by environmental health analyst Dr. Theo Colborn, in a statement issued this week. Their analysis of fracking chemicals and recent research indicates that chemicals act upon humans “in parts-per-billion or even parts-per-trillion, more comparable to what we encounter every day… to introduce a whole new set of damaging effects (including effects on the) central nervous system that could result in autism, attention-deficit hyperactivity disorder, Parkinson’s and Alzheimer’s diseases; reproductive system effects such as infertility, male birth defects, endometriosis, cancers of the breast, prostate and testicles; and metabolic disorders such as diabetes and obesity.” Read more of this post

    Filed under events, Official Actions--Legislation, judgments,regulation

    Newer posts →