Topic: New York

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Delaware River Basin Commission to consider fracking ban

On Wednesday, the Delaware River Basin Commission voted to begin the rule making process that could lead to a fracking ban in parts of New York, New Jersey, Pennsylvania, and Delaware. The Commission, which regulates the Delaware River watershed and is comprised of members from each of the above states and a representative from the … Continue reading

New York Court of Appeals refuses to extend drilling rights

The United States Court of Appeals for the Second Circuit (Second Circuit) certified a question to the New York Court of Appeals (Court of Appeals) that could have provided an avenue by which an energy company could have maintained its right to drill in New York. Specifically, the company argued that New York’s decision to … Continue reading

Fracking dominates the November ballot

One of the most highly debated issues during the November election was the question of whether localities have the authority to enact fracking bans. Several cities throughout the country have attempted to enact prohibitions against hydraulic fracturing with varying degrees of success. Denton, Texas has become one of the latest cities to consider such a … Continue reading

Bill proposal to prohibit entry of fracking drill cuttings waste into New York

Senator Ten O’Brien proposed a bill on Monday to prohibit landfills in New York from accepting drill cuttings waste. O’Brien, a member of the Senate’s Environmental Conservation Committee, voiced concerns of the potential environmental damage that could be caused by the waste. This measure is supported by groups such as the New York League of … Continue reading

New York counties may ban fracking

The New York Court of Appeals, the state’s highest court, recently decided that county-wide fracking bans are not barred by §23-0303(2) of New York’s Environmental Conservation Law. The law contains a supersession clause that holds that state law shall “supersede all local laws or ordinances relating to the regulation of the oil, gas and solution … Continue reading

Three-year moratorium on disposal of fracking waste in Connecticut

On May 7, 2014, the Connecticut legislature passed a three-year moratorium on the storage, treatment, disposal and transportation of all hydraulic fracturing waste within the state even though no fracking is being done and there are no facilities handling drilling waste. Noting that this bill is “pre-emptive action,” the bi-partisan sponsors expressed concern that near-by … Continue reading

Do state oil and gas laws trump local bans on hydraulic fracturing? Briefing continues in NY case

On August 29, 2013, New York state’s highest court agreed to hear an appeal of an order upholding a local ordinance banning all activities related to the exploration for, and production or storage of, natural gas and petroleum in the Town of Dryden, New York and affirming a lower court’s decision that certain amendments to … Continue reading

EPA reviews states’ solid waste management regulations for oil and gas operations

In an April 1, 2014 memorandum, the U.S. Environmental Protection Agency (EPA) summarized state regulatory programs concerning the management of solid waste from oil and natural gas exploration, development and production (E&P) operations. In reviewing each state’s regulations, the EPA focused on surface storage and disposal facilities managing produced waters, drilling muds, drilling cuttings, hydraulic … Continue reading

New York landowners sue state officials over delays in hydraulic fracturing decision

In mid-2008, the New York legislature passed regulations covering high volume hydraulic fracturing. Then-governor David Patterson ordered the DEC to conduct an environmental evaluation of fracking and horizontal wells and ordered the well approval process halted until the study was completed which was anticipated to be November 2009. A draft report was published in September … Continue reading

New York state sued over hydraulic fracturing moratorium

On December 17, 2013, the trustee and a shareholder for a bankrupt energy company sued New York’s governor, its Department of Environmental Conservation (“DEC”) and other state officials, asserting that the shareholder has lost over $21 thousand due to the decrease in the value of the company’s stock and that the company has lost more than $100 million … Continue reading

Do state energy laws preempt municipal zoning ordinances banning oil and gas development?: Briefs filed in NY CASE

On May 2, 2013, a New York state appeals court issued an order upholding a local ordinance banning all activities related to the exploration for, and production or storage of, natural gas and petroleum in the Town of Dryden, New York. The court affirmed the judgment of the lower court, entered on February 22, 2012, … Continue reading

New York advocacy group sues Department of Health for disclosure of documents related to hydraulic fracturing

On September 13, 2013, the Seneca Lake Pure Waters Association, an advocacy group based in Finger Lakes, New York, sued the New York Department of Health (NYDOH), seeking the disclosure of documents related to the state’s review of hydraulic fracturing, which has been banned in New York since 2008.The NYDOH is conducting an ongoing review … Continue reading

New York Court of Appeals to Consider Local Bans on Hydraulic Fracturing

The New York Court of Appeals has granted Norse Energy Corporation USA leave to appeal the lower court decision in Norse v. Township of Dryden, that New York municipalities have the authority to ban oil and gas development in the state. Since there was no right to appeal, in granting this leave to appeal, the … Continue reading

New York Assembly Approves Two-Year Moratorium on Hydraulic Fracturing

On March 6, 2013, the New York State Assembly voted to place a temporary moratorium on all permits for high-volume hydraulic fracturing gas wells until May 2015. The bill was sponsored by Assembly Committee on Environmental Conservation Chairman Kevin K. Sweeney, and would extend a de facto moratorium that has existed in New York for … Continue reading

Pennsylvania, New York, and Texas Address Radioactivity Associated with Hydraulic Fracturing Operations

On January 24, 2013, the Pennsylvania Department of Environmental Protection (“DEP”) launched a study to examine naturally occurring radiation associated with the development of oil and natural gas in the state. DEP plans to collect samples of flowback water, rock cuttings, treatment solids and sediments at well pads and wastewater treatment and waste disposal facilities … Continue reading

New York’s Proposed Hydraulic Fracturing Rules

Several New York lawmakers are holding a public hearing on January 10, 2013 to discuss the state’s high volume hydraulic fracturing (HVHF) regulatory process.   New rules relating to HVHF were proposed and opened for public comment beginning November 29, 2012 through January 11, 2013. In addition to the legislators, the League of Women Voters … Continue reading

New York DEC “Leaks” Summary on Impact Fracking Has on Health

On January 3, 2013, a draft February 2012 report that was prepared for the New York Department of Environmental Conservation (DEC) relating to potential health impacts from hydraulic fracturing was “leaked” to the news media. The eight-page draft summary concludes that “significant adverse impacts on human health are not expected from routine HVHF [high volume … Continue reading

NYDEC Publishes Revised Proposed High-Volume Fracking Regulations

On Thursday, November 29, 2012, the New York Department of Environmental Conservation (NYDEC) published revised proposed regulations relating to high-volume hydraulic fracturing (wells using more than 300,000 gallons of water as the base fluid). The NYDEC developed these revisions and additions after receiving more than 66,000 public comments (most against hydraulic fracturing) on the original … Continue reading

Niagara Falls issues ban on hydraulic fracturing

On March 5, 2012, the City Council of Niagara Falls, New York, unanimously approved an ordinance banning hydraulic fracturing in Niagara Falls and the storage, transfer, treatment or disposal of water generated from natural gas exploration and production activities in the city’s wastewater treatment plant. Ironically, the Marcellus Shale does not extend under the City … Continue reading

Two New York State Courts Uphold Local Bans on Hydraulic Fracturing

On February 21, 2012, a New York state court issued an order upholding a local ordinance banning all activities related to the exploration for, and production or storage of, natural gas and petroleum in the Town of Dryden, New York. In a case of first impression, the court in Anschutz Exploration Corp. v. Town of … Continue reading

Texas, Other States Move Forward With Hydraulic Fracturing Disclosure Regulations

Earlier this year, Texas became the latest state to draft regulations requiring the disclosure of chemicals used in the hydraulic fracturing process. Michigan and Montana issued similar regulations over the summer, joining Arkansas, Wyoming, and Pennsylvania as states recently active in regulating hydraulic fracturing.[1] The new regulations require specific disclosures by operators and outline requirements … Continue reading
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