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Fracking law vetoed in New York

By | December 13, 2010, 4:00 AM PST

As federal agencies consider stricter regulations on hydraulic fracturing nationally or for federal lands, regional and state rules regarding the controversial gas extraction are becoming more intricate.

The Delaware River Basin Commission announced new laws Thursday concerning the placement of wells near water sources, intended to make the region’s rules more consistent. The regulations (open to public comment) apply to the river’s watershed in Pennsylvania, New Jersey, New York and Delaware. NY Governor David Paterson says he didn’t want drilling regulations for one part of the state influencing the rest of it. New York has been doing its own thing.

Over the weekend, he vetoed a bill that would have prevented new permits for fracking wells in the state until May 15, 2011.

But as he did so, Paterson passed an executive order extending the ban another two months until July. So various environmental groups are pleased at the moment but why are drilling companies relatively happy as well? The order makes a distinction between what types of drilling the moratorium includes. Horizontal is in. Vertical is out.

Horizontal “hydrofracking,” or “fracking,” is the more problematic of the two. After creating the typical vertical well, the process curves the drilling path horizontally to reach more gas from a single ground surface point. To release gas trapped within tight rock formations, drillers inject chemicals into the ground at high pressure, along with large amounts of water and sand. While horizontal wells can decrease the number of vertical wells, and the associated environmental footprint directly above, the leaching of often undisclosed chemicals into groundwater is the main concern, ecologically and for public health. (The Department of Interior recently said it may require fracking fluid formulas to be revealed for wells on federal lands.)

Paterson says the distinction will help keep drilling jobs secure as the Department of Environmental Conservation studies whether the extraction method is safe. While Paterson’s order appeases almost everyone a little bit, the issue will likely flare up once the moratorium ends or the DEC releases its findings. Some groups also fear fracking loopholes could connect the vertical drill holes anyway.

The New York Times quotes Craig Michael of Riverkeeper:

By carving out an exception for vertical wells that do not even exist yet, the governor did not save any jobs and did not assure the proper protection of water quality statewide. The environmental community will be watching closely to assure that industry does not side-step environmental review by conducting an onslaught of vertical drilling and then converting those vertical wells to horizontal wells.

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Melissa Mahony

About Melissa Mahony

Melissa Mahony was a contributing editor for SmartPlanet from 2010 to 2011.

Melissa Mahony

Melissa Mahony

Contributing Editor

Melissa Mahony has written for Scientific American Mind, Audubon Magazine, Plenty Magazine and LiveScience. Formerly, she was an editor at Wildlife Conservation magazine. She holds degrees from Boston College and New York University's Science, Health, and Environmental Reporting Program. She is based in New York.

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Melissa Mahony

Melissa Mahony

Melissa does not have financial holdings that would influence how or what she covers. She currently works for the Wildlife Conservation Society as an editor. Should Melissa cover a topic in which the WCS is involved, she will disclose this fact in her writing.

She writes for SmartPlanet and is not an employee of CBS.

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+1 Vote
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RE: Fracking law vetoed in New York
Seems to me that it's not unreasonable to require the frackers to identify the fracking liquids to the EPA, not that this would prevent a disaster from occurring. The really problematic thing about fracking is that if something goes wrong, there really is no way to fix it, as the damage is unaccessible. I don't know how many plumes the EPA is tracking underground from leaked gasoline and a myriad of other contaminants in groundwater, but once the groundwater is contaminated there is very little to do but track it and stop people from using it, which in some cases means forcing them to move.
Posted by klassman6
13th Dec 2010
+1 Vote
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RE: Fracking law vetoed in New York
stupid is as stupid does. glad i moved although it's happening in
colorado as well.
Posted by dsteak
13th Dec 2010
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RE: Fracking law vetoed in New York
If you can't or won't tell me what is in the fracking fluid, then you may not drill.
Period ! ! !
Posted by da philster
13th Dec 2010
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RE: Fracking law vetoed in New York
Ingredients in all products of any kind should be truthfully and fully revealed and easily ascertainable by anyone who is capable of a simple internet search - no obfuscation by alternative or incomplete labeling.
Posted by Wilburysfan
13th Dec 2010
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RE: Fracking law vetoed in New York
OK, so let me get this straight - my neighbor can drill a well and profit from the gas under my land while my groundwater is potentially destroyed and my property devalued to about $0. How is this legal? Now how is the great State of New York looking out for its citizens?

The gas in shale rock is not going anywhere. How about waiting until we have safe methods of removing it from the ground before going after it?

Greed didn't do Louisianna any good, did it?
Posted by r-2
13th Dec 2010
+1 Vote
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a direct result of NIMBY
If they could drill a "reasonable" number of vertical wells then this horizontal issue would either go away or onto the back burner while things got sorted out. What happens is that bunny huggers and fern fondlers got ape$h!t over the idea of a drill rig. In point of fact, once the vertical holes are drilled the rigs go away and the pumping stations take over with a much smaller visual burden. Oh well, I'm going to enjoy watching the lights go out. I'll be in the Tropics. Enjoy.
Posted by wizardjr
13th Dec 2010
0 Votes
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RE: Fracking law vetoed in New York
Knowing what is going to poison your water is the least of it. Ensuring your water isn't going to be poisoned is the real trick. Unfortunately most safety measures that could be taken to ensure the health of the communities that drilling impacts are avoided by the gas companies as it takes away from the enormous windfalls they enjoy by conning the residents out of their mineral wealth. Thus, it requires very strict oversight in order to ensure gas companies carry out their activities safely, since these activities are considered bad business by the gas companies.
Posted by ejhonda
13th Dec 2010
-1 Votes
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RE: Fracking law vetoed in New York
@wizardjr This issue doesn't go away for the community after the drilling is stopped. The truck traffic continues to pound the inadequate rural road infrastructure, the property owners whose wells are poisoned require "water buffaloes" deliveries of fresh water every day, the property value for those poisoned sites are permanently degraded, etc., etc. As another poster (r-2) pointed out, this is not a win-win for all those impacted. Your property is devalued by the presence of the gas well next door, yet you get zero from it. Your well water can be contaminated by the fracking, and while your neighbor gets royalties from the well, you get nothing.

So who does win? It is a win for the property owner who signed the gas lease, who may be compensated by the royalties, who can now afford to move and leave behind the mess they've allowed to be created on their old property. It's a win for the gas companies, who take the profits without fairly compensating the communities for the burdens they've placed on them. Those gas companies are not paying taxes to rebuild the damaged roads, or to help pay the increased police/fire/etc. needs that come along with the influx of out-of-state workers and the social impact they cause.

Sure there's some trickle down to others in the community - restaurants, waitresses, welders, and others who can cater to the needs of the gas industry. The rest are just left with the headaches, the record number of safety infractions, and the diminished quality of life they once enjoyed. If some want to sign onto that, that's their choice, but the problem is a few are making the choice for the many, and that to me seems patently unfair. The $$$ that blind some are not going to blind all.
Posted by ejhonda
13th Dec 2010
+1 Vote
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RE: Fracking law vetoed in New York
I live on Long Island, a part of New York that won't be drilled for gas. Here we are dependent on deep wells for our water supply. In my community, there is a plume of MBTE from a long-gone gas station creeping toward the water district's main well. This was a gas station, for pity's sake, not a gas well. How hard can it be to put a tank in the ground that won't leak gasoline? Yet there the MBTE is. Now imagine what can happen when deep layers of rock are fractured and injected with God-knows-what with no containment and no possible measures to prevent migration into water sources and no known means of remediation if it does, and there is every likelihood that the drillers can make many millions of dollars more if they do the job as cheaply as they can get away with. Then tell me if you think horizontal fracking is really ready for primetime.
Posted by Old Rockin' Dave
13th Dec 2010
+1 Vote
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RE: Fracking law vetoed in New York
Fracking threatens the water supply of over 100 million Americans. It is a pending disaster that will make the recent Gulf spill look like a hiccup. It could ruin the ground water across large swaths of America - a disaster that would be permanent on a human scale.

The frackers claim that their wells are much deeper than the aquifer, but all it takes is a problem with the casing going down into the well for their poisons and natural gas to leach into the water table. They can't promise that it won't happen, and it's almost guaranteed that it will, over and over again, as it already has.

This issue should be at the top of everyone's list! See the documentary Gasland, and stop the gas companies before it's too late!
Posted by omb00900@...
13th Dec 2010
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RE: Fracking law vetoed in New York
Let the states control drilling of any kind in their own state, but why should those states allow extraction of any kind in their state to be used to benefit the states who don't allow drilling?
Posted by egans_pit_stop@...
13th Dec 2010
+1 Vote
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All you whiners
You have no power to stop Cheney's profits. "It's destroying the water" - "it's destroying my home's value" - WHO CARES! There's no money in your home's value to billionaire corporations, so suck it.

Everybody dies. So what if you die a little sooner. Billionaires don't live in your neighborhood, so why should they care?

To paraphrase Cheney - Go frack yourself.

/snark
Posted by doctordawg
13th Dec 2010
+1 Vote
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RE: Fracking law vetoed in New York
It seems to me that one important aspect has apparently not been considered. That being the affect on these so called "trapped" fluids when there is a Earthquake. No place on Earth is immune from Earthquakes while certain areas seem less likely to experience them.
Posted by rhaji_67@...
13th Dec 2010
+1 Vote
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RE: Fracking law vetoed in New York
"They" said drilling in deep ocean water was completely safe, too. There's
nothing to worry about, go about your business. And look at how wonderfully
that all worked out for us in the Gulf. Promises, promises, and lies, lies.
Posted by Chiatzu
14th Dec 2010
+1 Vote
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RE: Fracking law vetoed in New York
@r-2: No, your neighbor can't steal your gas and oil. You are supposed to be paid for whatever is taken from under your land. On the other hand, property lines are sharply defined, but fracking by definition takes oil and gas from a region around the drill area. If nothing else, horizontal drilling on property next to yours can reduce pressure under your land and make recovery of gas and oil under your property much less profitable.

@omb00900: A leak around a vertical pipe is by definition fairly contained. Drillers also monitor it very closely, since leaking expensive fracking fluid does no good around a vertical pipe where there's no gas or oil. The danger is at the horizontal drilling sites, since there you want the fracking fluid to "leak" into the surrounding area.
Posted by zackers
15th Dec 2010
+1 Vote
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RE: Fracking law vetoed in New York
and to think I clicked on this article because I thought it was about
Battlestar Galactica, huh, who duh thunk there would be another
use for the term "frack"...
Posted by aiellenon
15th Dec 2010
+1 Vote
+ -
Addiction
Fracking sounds like the last desperate attempts of a sick addict.
When heroine addicts run out of the easy injection sites on their
arms and legs, their choices become increasingly painful,
harmful and destructive. Further, the more addicted one gets, the
less one feels constrained by moral and sound judgement. No
matter how rosy one tries to portray fracking, it is a hideously
destructive and wasteful practice. If gas, oil and coal were
considered "alternative" fuels today, how well do you think the
proposals of fracking, strip mining, and deep-sea wells would be
received?
Posted by technology@...
17th Dec 2010
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