Status Update on Natural Gas

Drilling in NY’s Marcellus Shale

November 2009
 NYS Marcellus Gas Drilling
Timeline
 June 2008 Legislature enacts new spacing law
 July 2008 Governor signs into law, but directs DEC
to do a supplemental GEIS and imposes effective
moratorium
 November 2008 DEC issues draft scope for SGEIS
(six hearings)
 January 2009 DEC issues final scope for SGEIS
 September 2009 DEC issues draft SGEIS
 November 10, 2009 public hearing in New York City
(four hearings)
 December 31, 2009 public comment deadline on
dSGEIS—Extension granted TODAY
 SEQRA’s Essential Mandate
 To ensure that state and municipal
agencies weigh in advance [and at the
earliest possible stage] the environmental
consequences of actions they perform,
fund or permit, and take steps to avoid or
mitigate environmental damage. (ECL § 8-
0109)
 SEQRA’s Basic Requirements
 Take a “hard look” at potential adverse
environmental impacts

Prepare an EIS for any action that may have a
significant adverse effect
 Identify any significant adverse environmental
impacts
 Identify mitigation for any significant adverse
environmental impacts
 Consider alternatives to the proposed action and
select the alternative that results in the fewest
unmitigated significant adverse environmental
impacts
 Marcellus SGEIS –
Some Initial Areas of Concern
 Cumulative impacts: impacts of constructing
multiple wells on a regional or statewide basis –
must consider reasonable “worst case”
 Ozone
 Stormwater run-off
 Alternatives analysis

Phased or capped permitting: related to cumulative
impacts

“Green” fracking fluids
 Induced development
 Waste treatment facilities
 Feeder pipelines
 Marcellus SGEIS – Some Initial
Areas of Concern Cont’d
 No ban on drilling in NYC watershed and
other watersheds and special ecological
areas
 Others
 Disclosure of chemicals and analysis of
toxicity
 Groundwater monitoring protocols
 Traffic
 Noise
 Marcellus SGEIS –
Procedural Issues
 Additional public review and comment
period? Additional hearings?
 No formal rulemaking proposed
 Inadequate state and local agency
resources
 Next Steps
 Public hearings – November 10, Stuyvesant
High School
 5 pm rally
 5:30 pm sign-up/6:30 pm start
 Call for formal regulations
 Comment on the DSGEIS – last opportunity for
public comment
 Release of FSGEIS and findings and
commencement of permitting
 Possible litigation
Questions?