department of environmental conservation

Fri, 2012-06-01 04:43Laurel Whitney
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Chesapeake Energy And Other Fracking Companies Squatting On New York Citizens' Land

New York landowners are having a hard time evicting an unwanted tenant, it seems. That's why over 200 people residing in the Marcellus Shale are suing energy companies such as Chesapeake Energy Corp. and Inflection Energy, arguing that the land leases they originally signed with the companies over 5 years ago are now expired.

Originally, land owners signed on with companies like Chesapeake thinking it was a way to earn much needed revenue from their lands. However, citing New York's moratorium and descending gas prices alongside emerging environmental and health complications, many want out. With many of the contracts past their end dates, you would think that wouldn't be such a huge problem.

Except with thousands of acres of land at stake, the oil and gas companies aren't releasing or renegotiating any new leases any time soon, invoking the act of God and natural disaster clauses of the leases.

In legal speak, it's called “force majeure.” It allows the terms of a lease to continue based on unforeseen circumstances. Usually this counts for natural disasters or “acts of God”, but in this case, the companies are arguing that the moratorium on fracking in New York state should fall under this clause and allow them to retain the land.

Mon, 2011-11-28 17:39Laurel Whitney
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Are New York Lawmakers Poised To Throw Upstate Residents Under The Fracking Bus?

Despite last week’s temporary win protecting the Delaware River Basin and its inhabitants from natural gas fracking, the debate rages on in New York State. Lawmakers, industry lobbyists and concerned landowners have debated for over a year about whether or not to open up the state to the Marcellus Shale fracking bonanza.

New York Governor Andrew Cuomo’s stated commitment to vote no in the Delaware River Basin vote was promising, but it is offset by the fact that he has assembled a secretive 18-person “fracking panel” which Food & Water Watch executive director Wenonah Hauter recently alleged is comprised of many “strongly self-interested and industry-biased” individuals. Some environmental groups are concerned that this panel seems rigged to give the green light to fracking in New York.



At previous public hearings, tensions have already run high with both supporters and opponents lining up hours beforehand to ensure their turn to speak out on this highly contentious issue.



Most of the proponents of gas fracking continue to argue the economic mantra of job creation and domestic energy security, even though multiple reviews have debunked the gas industry’s lofty job projections. Food & Water Watch released a report indicating that many of the jobs created would likely be short-term and favor contract workers from outside the state. Other watchdogs of industry rhetoric, including Senator Ron Wyden (D-OR), point out that the industry's rush to export gas from the fracking boom will lead to much higher gas prices for Americans, contradicting the industry's alleged commitment to domestic energy security.

There are also important questions about just how much gas there is underneath New York to warrant such extreme energy development.  After a recalculation of the resource potential of the area, geologists at the U.S. Geological Survey dropped their estimate of the recoverable gas by a quarter. They determined that the amount of reasonably recoverable gas would only meet US demand for four years instead of sixteen.

Fri, 2011-07-01 12:44TJ Scolnick
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Americans For Prosperity Sues New York For Participating In Regional Climate Pact

The Koch brothers’ corporate front group, Americans for Prosperity (AFP) filed a lawsuit on Monday in New York’s State Supreme Court seeking to reverse a core piece of state action on climate change.  

New York joined the Regional Greenhouse Gas Initiative (RGGI) in 2005 when former governor George Pataki (R) approved the state’s participation in the program. The suit alleges that New York is illegally (coercively) taxing residents by taking part in the market-based 10 Northeast and Mid-Atlantic states’ Regional Greenhouse Gas Initiative (RGGI). The AFP complaint also asserts that carbon emissions trading is unconstitutional because it infringes on federal authority to set rules on air pollution and electrical power transmission across states. 

New York Governor Andrew Cuomo (D), along with the state Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority, are all named as defendants in the suit.

Wed, 2011-06-01 22:44TJ Scolnick
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ExxonMobil Drilling Plan Threatens Drinking Water In Delaware River Basin

The Delaware River Basin Commission (DRBC) held a public hearing today to review a proposal from ExxonMobil subsidiary XTO Energy to remove massive amounts of water from the Delaware River Basin for unconventional gas exploration.

The dirty energy giant is hoping to withdraw up to 250,000 gallons per day of surface water from Oquaga Creek near the Farnham Road bridge crossing on Route 41 in Sanford, New York. Roughly 300 residents showed up to comment on the proposal, which has stirred public anger and concern over the potential impacts on the local environment and water supplies.
 
The Exxon subsidiary’s draft docket stipulates that the surface water will be used for unconventional gas drilling via hydraulic fracturing (a.k.a. fracking). XTO says the clean water will be used to mix cement and create a “drilling mud/fluid” cocktail. No waste problem, of course.

Beneath the Exxon PR spin, the true costs of withdrawing a quarter million gallons of water per day are estimated at around $17,700 - just for a tiny patch of land.

Consider the fact that the fracking rush is exacting these very same direct costs on many North Americans.

Mon, 2011-04-11 16:32TJ Scolnick
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Gas Industry Spent Record Amount Of Money Lobbying To End New York Fracking Moratorium

New York is a hot spot to watch in the controversy over  gas drilling and hydraulic fracturing (a.k.a. fracking), which the state placed a temporary ban on last year. A new report [PDF] from Common Cause/New York shows the historic levels of money dirty energy companies are spending to promote gas drilling and to overturn New York state’s ban on fracking.

In the state’s last legislative session, more than thirty gas-related bills aiming to create panels, commissions and task forces were proposed in order to investigate a wide range issues ranging from environmental impacts to economics, as well as two fracking moratorium proposals.

Notably, last August, the state Senate voted 48-9 in favour of S8129B which prevents the Department of Environmental Conservation (DEC) from issuing fracking permits until the Supplemental Generic Environmental Impact Statement (SGEIS) evaluating shale gas drilling has been finalized. The bill easily passed the Assembly 93-43 late November 2010. However, on December 13, 2010, Governor David Paterson vetoed the legislation, instead issuing an Executive Order prohibiting fracking of horizontally drilled wells until about July 1, 2011. In February, the state announced plans to put fracking rules in place by June in order to green-light the controversial practice just as the ban runs out.

In terms of lobbyist spending, the Common Cause/NY report shows that the dirty energy companies and industry front groups fighting against the moratorium on fracking outspend environmental organizations and others supporting the ban by a margin of 4:1.

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