Joseph Martens Nominated DEC Commissioner

ALBANY, NY (01/04/2011)(readMedia)– Governor Andrew M. Cuomo today announced the following appointments and nominations to senior positions within the state government.

Joseph Martens will be nominated to serve as Commissioner of the Department of Environmental Conservation. Since 1998, Mr. Martens has served as President of the Open Space Institute, directing and overseeing land acquisition, sustainable development, historic preservation and farmland protection. Previously, Mr. Martens served as Deputy Secretary to the Governor for Energy and the Environment from 1992-94 and before that Assistant Secretary from 1990-92. He is the Chair of the Olympic Regional Development Authority, which operates the 1932 and 1980 winter Olympic venues in Lake Placid and Wilmington, NY and Gore Mountain Ski Area in Johnsburg, NY. He also chairs the Adirondack Lake Survey Corporation, which continuously monitors Adirondack lakes and streams to determine the extent and magnitude of acidification in the Adirondack region, Mr. Martens studied Resource Economics at the University of Massachusetts at Amherst and received an M.S. in Resource Management from the State University of New York, College of Environmental Science and Forestry at Syracuse University.

“Joe’s lifelong experience of fighting to protect and preserve our environment will bring the highest level of stewardship to our state’s beautiful natural resources. Joe knows how to strike the critical balance between defending our natural resources from pollution and destruction while at the same time fostering a climate of economic renewal and growth. His experience and record as a competent and productive manager will breathe life into this vital agency.” Governor Cuomo said.

“Joe is an outstanding choice to lead such a vital agency at such at an important time. We are at a crossroads for the environmental movement in New York State and I know that Joe will continue to be a leader in the fight to preserve our great state’s landscape, environment, and natural resources. I look forward to working with Joe and commend the Governor for making this nomination,” said Robert F. Kennedy, Jr.

“Joe Martens’ experience, judgment, and temperament make him the right person at the right time to meet the challenges that DEC faces. He has the support and key relationships with the business and environmental community that will allow him to hit the ground running. The Governor’s selection of Mr. Martens reflects his strong belief that protecting New York State’s environment goes hand in hand with advancing the state’s economic goals,” said Ashok Gupta, from the Natural Resources Defense Council.

“Joe knows that one of the keys to not only preserving our environment, but creating good paying jobs is expanding the production of affordable and reliable energy across the state. He has both the hands on experience and also the bold vision to transform the DEC, steering it in a direction that strikes the critical balance of protecting our natural resources and our economy,” said Gavin J. Donohue, President and Chief Executive Officer of the Independent Power Producers of New York.

Comment:

Joe Martens as DEC commissioner seems promising.  While it’s been taken off of the OSI website in the last fifteen days, there’s a google-cached version of a statement he made on hydrofracking earlier this year:

“OSI President Joe Martens spoke about the issue recently in a speech he made at Union College on the 40th anniversary of the creation of the DEC:

This morning you heard about drilling in the Marcellus Shale. Of all the daunting environmental challenges that DEC has faced during the past 40 years—criteria pollutants, hazardous waste, acid rain, even climate change—hydrofracking in the Marcellus may be the most difficult and daunting of them all.

As a nation, for a decade or more there has been a near-universal call for energy independence. If we could just wean ourselves from foreign oil, the argument goes, we would not be in the middle of two wars in the Middle East and sending billions of dollars to nations that don’t like us and, potentially, might do us harm.

And, as a state, we have been turning increasingly to natural gas to fire our power plants and heat our homes, because it’s less polluting than either coal or oil. I heat my home with natural gas (and wood!). Further, the state’s budget is in bad shape, unemployment is high and it just so happens that we have this huge rock formation under our feet that the gas industry has found a way to exploit and we even have a terrific new gas pipeline that could bring that gas to millions of nearby customers.

If nothing else, it seems to me, the Department should go slow. The tragedy of the Deepwater Horizon operation in the Gulf clearly demonstrated that the unexpected can and will happen. It is also clear that the gas industry has not been as candid as it should have been with regards to the potential for problems. That suggests to me that our fate—and the need to separate objective science and environmental assessment from industry rhetoric—is in DEC’s hands, and the stakes could not be higher.

The gas industry, and even DEC, is quick to point out that gas drilling and fracking are not uncommon in New York State and that, so far, there have not been any significant problems. However, what is relatively new and different is the combination of fracking and horizontal drilling. And it’s the potential scale of drilling within the Marcellus Shale that is the real concern. If DEC decides to give the gas industry the green light, there could be thousands of new gas wells drilled in the Catskills and the southern tier. Given the quantity of the chemical-laced water that would be used in fracking (up to 8 million gallons per well), and the quantity of wastewater that would need to be treated, the number of roads that would need to be constructed, the number of trucks that would travel back and forth to drilling sites, and so on, the potential for problems multiplies dramatically with each well that is drilled.

New Yorkers created the Adirondack and Catskill state parks more than a hundred years ago to protect the water resources within them. New York City has committed hundreds of millions of dollars and has spent years protecting its watershed so that more than 9 million people can drink unfiltered water. I see no reason to rush to judgment on a decision as monumental as hydrofracking in the Marcellus.

Given the huge budget cuts that DEC has been forced to endure over the last couple of years and in light of the way the EPF’s commitments have been abandoned, I think there is a real question about DEC’s capacity to ensure that everything involved in the drilling process goes according to plan—from water withdrawals, to wastewater treatment, to pipeline construction. Clearly things did not go according to plan in the Gulf of Mexico.

The EPA has initiated a $1.9 million, two-year study of the impact of hydrofracking on health and the environment. What’s the downside of waiting for the results?

In the meantime, while DEC and others continue to explore this issue, wouldn’t it be great if we had a national energy policy that did more than pay lip service to energy conservation, efficiency and renewable sources?  A few statistics for you to ponder:

  • The United States makes up 5 percent of the world’s population but consumes 20 percent of its energy;
  • Eighty-four percent of the energy consumed in the United States comes from non-renewable sources—about 8.5 percent from nuclear power and 7 percent from renewable sources (2006 data);
  • Twenty-seven percent of the energy consumed in the United States is used in the transportation sector;
  • And, the most troubling statistic of all: per capita energy consumption in the United States has been relatively consistent from 1970 to today.

Although no energy source is perfect or without problems, shouldn’t we be doing everything possible to reduce energy consumption and do everything possible to increase the use of renewable resources before we make a major decision to exploit the Marcellus Shale and possibly damage, perhaps irreparably, the land, air and water resources that sustain life itself?

DEC has a heavy burden to bear here. For the past 40 years they have addressed a variety of environmental challenges with remarkable success. I’m hopeful, based on that 40-year record that they will continue to do so.

Great Lakes Law: Michigan Supreme Court rules that citizens have the right to sue state agencies for issuing permits, and that diverting contaminated water from one river to another is unlawful

Great Lakes Law: Michigan Supreme Court rules that citizens have the right to sue state agencies for issuing permits, and that diverting contaminated water from one river to another is unlawful.  Dec. 30, 2010

Pennsylvania allows dumping of tainted waters from hydrofracking into drinking water streams | syracuse.com

Pennsylvania allows dumping of tainted waters from hydrofracking into drinking water streams | syracuse.com. Jan. 4, 2011

Pennsylvania alone allows waterways to serve as primary disposal sites for fracking waste
1/4/2011
Observer-Reporter

By David B. Caruso
The Associated Press
Monday, January 3, 2011

The natural gas boom gripping parts of the U.S. has a nasty byproduct: wastewater so salty, and so polluted with metals like barium and strontium, most states require drillers to get rid of the stuff by injecting it down shafts thousands of feet deep.
Not in Pennsylvania, one of the states at the center of the gas rush.

There, the liquid that gushes from gas wells is only partially treated for substances that could be environmentally harmful, then dumped into rivers and streams from which communities get their drinking water.

In the two years since the frenzy of activity began in the vast underground rock formation known as the Marcellus Shale, Pennsylvania has been the only state allowing waterways to serve as the primary disposal place for the huge amounts of wastewater produced by a drilling technique called hydraulic fracturing, or fracking.

State regulators, initially caught flat-footed, tightened the rules this year for any new water treatment plants, but allowed any existing operations to continue discharging water into rivers.

At least 3.6 million barrels of the waste were sent to treatment plants that empty into rivers during the 12 months ending June 30, according to state records. That is enough to cover a square mile with more than 81/2 inches of brine.

Researchers are still trying to figure out whether Pennsylvania’s river discharges, at their current levels, are dangerous to humans or wildlife. Several studies are under way, some under the auspices of the Environmental Protection Agency.

State officials, energy companies and the operators of treatment plants insist that with the right safeguards in place, the practice poses little or no risk to the environment or to the hundreds of thousands of people, especially in Western Pennsylvania, who rely on those rivers for drinking water.

But an Associated Press review found that Pennsylvania’s efforts to minimize, control and track wastewater discharges have sometimes failed.

For example:

• Of the roughly 6 million barrels of well liquids produced in a 12-month period examined by The AP, the state couldn’t account for the disposal method for 1.28 million barrels, about a fifth of the total, due to a weakness in its reporting system and incomplete filings by some energy companies.

• Some public water utilities that sit downstream from big gas wastewater treatment plants have struggled to stay under the federal maximum for contaminants known as trihalomethanes, which can cause cancer if swallowed over a long period.

• Regulations that should have kept drilling wastewater out of the important Delaware River Basin, the water supply for 15 million people in four states, were circumvented for many months.

In 2009 and part of 2010, energy company Cabot Oil & Gas trucked more than 44,000 barrels of well wastewater to a treatment facility in Hatfield Township, a Philadelphia suburb. Those liquids were then discharged through the town sewage plant into the Neshaminy Creek, which winds through Bucks and Montgomery counties on its way to the Delaware River.

Regulators put a stop to the practice in June, but the more than 300,000 residents of the 17 municipalities that get water from the creek or use it for recreation were never informed that numerous public pronouncements that the watershed was free of gas waste had been wrong.

“This is an outrage,” said Tracy Carluccio, deputy director of the Delaware Riverkeeper Network, an environmental group. “This is indicative of the lack of adequate oversight.”

The situation in Pennsylvania is also being watched carefully by regulators in other states, some of which have begun allowing some river discharges. New York also sits over the Marcellus Shale, but Gov. David Paterson has slapped a moratorium on high-volume fracking while environmental regulations are drafted. Read more of this post

Pa. allows dumping of tainted waters from gas boom – Yahoo! News

Pa. allows dumping of tainted waters from gas boom – Yahoo! News.

fracking | Survey: Red State or Blue, Most People Are Concerned about Fracking’s Effect on H2O | Rodale News

fracking | Survey: Red State or Blue, Most People Are Concerned about Fracking’s Effect on H2O | Rodale News.

Groups seek to intervene in pipeline project

Groups seek to intervene in pipeline project Threatened Indiana Bat may play a role

By FRITZ MAYER

PENNSYLVANIA — Three environmental groups are seeking intervener status in a proceeding that would allow construction of a new gas pipeline project that would cut through what the groups call “pristine drinking water sources and fishing streams in the Endless Mountains.” The application is pending with the Federal Energy Regulatory Commission (FERC).

The groups seeking to intervene are Damascus Citizens for Sustainability, the Sierra Club and the Lycoming County based group Coalition for Responsible Growth and Resource Conservation.

The non-profit organization Earthjustice is serving as the group’s attorney in the matter. In the motion to intervene, Earthjustice lawyers argued that the 39-mile pipeline project, which would run through Bradford, Sullivan and Lycoming counties in Pennsylvania, could threaten the federally endangered Indiana bat, which has fallen victim to White-Nose Syndrome, a fungus that has claimed the lives of millions of bats over the past three years.

The motion also argues that the project builder and operator, Central New York Oil and Gas Company (CNYOGC), is seeking to begin construction before its environmental studies are complete, and that the project will result in “significant impacts on a pristine natural landscape that should be considered in a full Environmental Impact Statement,” rather than a less comprehensive Environmental Assessment.

The following is a statement from Earthjustice attorney Deborah Goldberg: “Pennsylvania rushed into developing the Marcellus Shale with no comprehensive review of the potential effects on public health or the environment. The state was unprepared for the drinking water contamination, air pollution, and dangerous accidents that came with the frantic pace of drilling. It’s time to stop scrambling to respond to crises and instead to prevent them in the first place. That’s exactly what we’re asking FERC to do, and why we’re asking it to give impacted communities a seat at the table as it reviews the project.”

If FERC grants CNYOGC a Certificate of Public Convenience, the company will be granted the power of eminent domain, which would allow it to force landowners to sell rights of way to allow the pipeline to be constructed.

CNYOGC could not immediately be reached for comment

Groups seek to intervene in pipeline project.

Certus Strategies – How to Manage Public Outrage and Achieve Corporate Goals

Certus Strategies – Crisis Communication, Outrage Management, Information Architecture | Western Canada, Calgary, Washington, Maryland, US – Certus Strategies.

Incidents where hydraulic fracturing is a suspected cause of drinking water contamination | Amy Mall’s Blog | Switchboard, from NRDC

Incidents where hydraulic fracturing is a suspected cause of drinking water contamination | Amy Mall’s Blog | Switchboard, from NRDC.