State, Feds at Odds Over Gas Drilling
N.Y. attorney general demands federal review
Binghamton NY PressConnects.com
19 April 2011
As the Delaware River Basin Commission works toward finalizing
regulations for gas drilling and hydraulic fracturing in the river's
watershed, Attorney General Eric Schneiderman gave the federal
government an ultimatum this week: study the impact of tapping into the
Marcellus Shale or face a lawsuit.
Schneiderman contends the DRBC, the U.S. Army Corps of Engineers, the
Fish and Wildlife Service and the National Park Service violated the
National Environmental Policy Act by not completing an environmental
study before moving forward with drilling regulations. The law requires
federal agencies to prepare a full review if an action could cause harm
to the environment.
"New Yorkers are correctly concerned about fracking's potential danger
to their environment, health and communities, and I will use the full
authority of my office, including aggressive legal action, to ensure
the federal government is forced to address those concerns,"
Schneiderman said.
The DRBC wrapped up a public comment period on its proposed regulations
this month. The river basin includes the eastern tip of Broome County
and most of Delaware County, as well as parts of the Hudson Valley.
The federal government has 30 days to comply before a suit is filed,
Schneiderman said.
The threat was praised by environmental groups, including Environmental
Advocates of New York's Policy Director David Gahl who said the move
was "right on target."
A trade group for the natural gas industry took issue with
Schneiderman's legal interpretation, pointing out the DRBC is not
technically a federal agency, but rather a cooperative effort between
federal and state governments.
"There is no reason to believe that the DRBC might somehow do other
than what it always has done -- protect water quality and water supply
and conserve the resources of the basin for the public's recreation and
enjoyment," said Brad Gill, executive director of the Independent Oil
& Gas Association of New York.