Category Archives: Uncategorized

DEC Commissioner Indicates Zoning Rules May Impact Permitting Process

New York Department of Environmental Conservation (DEC) Commissioner Joe Martens told reporters last week that a given community’s support or opposition to fracking will be considered during the permitting process when and if the controversial practice is ultimately permitted in the state. Perhaps alluding to the Tompkins County Supreme Court decision in the Town of Dryden case, Mr. Martens said local land-use rules will be a factor in the permitting process. The DEC is in the midst of a nearly four-year long review of high-volume…

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EPA Issues Its First Fracking Regulations

The EPA issued its first fracking regulations which are limited to air standards.  The critical component of the regulations which is getting the most attention is the EPA’s effort to limit the release of gas immediately following the time that the well is tapped.  In this regard, the EPA will require that drillers use “green completions” technology to capture the gas into vessals for transport.  The gas, however, can ultimately be sold. The “green completions” technology is not new and is already in use by…

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Fracking on Indian Land and Federal Authority To Regulate the Practice

Another power struggle playing out in the fracking debate involves the scope of power of the federal government to regulate hydraulic fracking on Indian land.  Specifically, the Three Affiliated Tribes oppose any imposition of fracking regulations to be promulgated by the Bureau of Land Management, which is expected to issue regulations, or even a possible moratorium, related to fracking on public lands. The United States House Representatives is holding oversight hearings regarding the issue.  According to Tex Hall, Chairman of the Three Affiliated Tribes, the…

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Vermont Bill Bans Fracking

A Vermont bill, if passed, would ban fracking inVermont. Vermont would be the first state to outright ban fracking, although New Jersey’s legislature is debating a similar measure. Vermont, like New Jersey, however, is not within the Utica or Marcellus shale formations, and as such, the law would be symbolic only. Vermont Senate committee passes ban on fracking Senate panel considers ban on fracking

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