Environmental Advocates of New York

the [green] capitol insider

October 5, 2009

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We update you every other week with tidbits and observations carefully gleaned from the halls of the Capitol.

GREEN GROUPS CALL ON GUV & DEC TO PROTECT NY FROM DRILLING
At long last, the New York State Department of Environmental Conservation (DEC) has released their draft Supplemental Environmental Impact Statement for oil and gas drilling. The draft could determine how New York State regulates industrial natural gas drilling and hydraulic fracturing (often called “fracking”) in the Marcellus and Utica Shale formations.

In other parts of the country, fracking has poisoned wells and spilled toxic chemicals into waterways and across landscapes (read more here and here ). Figuring out how to tap our natural gas resources without poisoning our air, land and water is priority, especially when the Governor would like to double the size of our natural gas industry per the State Energy Plan. New York should learn from the experiences of other states before forging ahead.

The 800+ page draft is open for public comment for a mere 60 days. But Environmental Advocates of New York and many other groups want at least 90 days, or even better, 120 day for public comment and at least seven public hearings in the areas affected by drilling, including New York City.

Only by allowing adequate time to review and comment on the draft will the DEC have the requisite information to revise it and issue a comprehensive final Supplemental Generic Environmental Impact Statement.

The final statement will guide the regulation of an industry that has the potential to contaminate New York’s drinking water, pollute the state’s air, and decimate sensitive ecosystems. We need the time to do this right or not do it at all. Besides, the gas has been there for millions of years, what’s another couple of months?

We’ll be back with our evaluation of the draft and how we think it can be improved.

Click here to send a message to the Governor and the DEC.

Read more here.

HERE COMES THE SENATE CLIMATE BILL
Last week, senators Barbara Boxer (D-California) and John Kerry (D-Massachusetts) introduced the Senate’s answer to the American Clean Energy and Security Act of 2009 (AKA ACES or simply, the climate change bill). The Senate version is called the Clean Energy Jobs & American Power Act. It’s shorter than ACES, but missing a few pieces.

Important improvements in the legislation include steeper global warming pollution reduction targets (20 percent by 2020 rather than 17 percent, and 83 percent by 2050 instead of 80 percent). More good news: the bill maintains the Environmental Protection Agency’s ability to regulate greenhouse gases as a harmful pollutant.

We’re still reviewing the legislation page by page and will have more to share in the days and weeks ahead.

Click here to read more.

And here.

NYS SENATE HOLDS WATER HEARINGS
Last Thursday, the State Senate held public hearings on New York’s water policy. The hearings touched on several critical topics, including the potential dangers of natural gas drilling by means of hydraulic fracturing. Advocates also called attention to maintaining New York’s water quantity, as well as its quality.

Environmental Advocates’ Water & Natural Resources Program Associate Katherine Nadeau called attention to water management policy and the need for oversight of large water withdrawals. A successful permitting program must ensure that withdrawals of more than 50,000 gallons per day are included in such oversight. New York should not discriminate between end uses when deciding how to apply the program. All withdrawals should come under Department of Environmental Conservation (DEC) oversight to ensure that users operate within permitted allowances, implement conservation practices, and do not adversely impact ecosystems or other users. In addition, New York should impose strict fees and penalties to ensure that permittees are compliant.

Katherine wrapped up her remarks by renewing Environmental Advocates call for sufficient staff and resources at the agency responsible for protecting New York’s water quality and quantity, the DEC.