the [green] capitol insider

July 23, 2012

Something's rotten with the state of dec's drilling oversight

As New York moves closer to permitting high-volume hydraulic fracturing, or "fracking," another new report shows the New York’s Department of Environmental Conservation's (DEC) oversight of existing oil and gas drilling has been sorely inadequate.

Last week, Earthworks’ Oil & Gas Accountability Project released a new report, NYS DEC: Inadequate enforcement guarantees irresponsible oil and gas development in New York, that questions New York’s ability to oversee the state’s existing and proposed gas drilling operations. The report reveals that more than 75 percent of New York’s active oil and gas wells go uninspected each year, few violators are penalized, and fines assessed are inadequate to deter future violations.

Click here to read the report.

Earthworks’ report should be a wakeup call for the Cuomo administration and all New Yorkers. It demonstrates that New York isn’t keeping up with oversight of the state’s existing oil and gas wells enforcement, which is essential to protecting our shared health and air and water quality.

Fines and penalties for lawbreakers remain low, and transparency of the information citizens deserve is sorely lacking. Added up, these shortcomings point to a potential nightmare scenario if New York moves forward with fracking.

The report also echoes previous research showing that budget and staff cutbacks leave the DEC operating with fewer trained personnel now, just as the Governor is contemplating an expansion of drilling. New York’s current and historic inability to effectively oversee gas development in the state calls into serious question its ability to protect New Yorkers from additional operations.

Click here to read Earthworks’ report.

RGGI: It Gets Better

Can a good thing get better? We think so!

The Regional Greenhouse Gas Initiative (“RGGI” for short) is the nine-state effort to reduce climate-altering greenhouse gases from power plants. It uses an efficient market-based approach to reduce pollution and has already produced big benefits for participating states and homeowners.

The states participating in RGGI are conducting a review of the program to determine ways to make those benefits even bigger and better. And that review must be completed by the end of 2012.

So with five months to go before the deadline, the New York State Department of Environmental Conservation (DEC) hosted a meeting for environmental and consumer organizations, utilities and trade groups, and other interested stakeholders to begin mapping out how possible changes could impact RGGI’s economy-stimulating and pollution-reducing perks.

Just three of these possible changes are:

Reducing the number of “permits to pollute.” Power plants are required to hold a permit for each ton of carbon dioxide (CO2) they emit, or a “permit to pollute.” But there are just too many of these permits in the hands of polluters! Reducing the number of permits would thereby reduce allowable emissions and help RGGI states achieve more aggressive CO2 targets.

Including additional greenhouse gases. We know that several greenhouse gases (including carbon dioxide [CO2], methane [CH4], and nitrous oxide [N2O]) contribute to the pollution that is changing our climate. Currently, RGGI regulates CO2 only. Curbing additional types of greenhouse gas emissions will enable RGGI to take a bigger bite out of the climate pollution apple.

Including additional states. Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont participate in RGGI. But the other 41 states produce climate-altering pollution from power plants, too! Climate change is a shared problem, and the best way to fight for a clean air future is together.

Additional meetings are planned. If you want to join the review as a stakeholder, you can find more information about the review program here and sign up for updates from RGGI here. Learn more about RGGI when you visit www.rggi.org

And stay tuned to Environmental Advocates of New York updates about ways to improve RGGI and when to make your voice heard!

The clock is ticking.

Fracking “Too Risky” for Insurance Coverage

We’ve been saying it over and over again: the risks associated with high-volume hydraulic fracturing, or “fracking,” are too big to ignore. And Nationwide, one of the nation’s largest insurance companies, agrees—it will not cover damages to land, property, or equipment involved in the fracking process under insurance policies issued to businesses and individuals.

According to an internal memo, the insurance company has “determined that the exposures presented by hydraulic fracturing are too great to ignore. Risks involved with hydraulic fracturing are now prohibited for General Liability, Commercial Auto, Motor Truck Cargo, Auto Physical Damage and Public Auto (insurance) coverage.”

The memo also states that these “prohibited risks” apply to landowners who lease land for shale gas drilling and contractors involved in fracking operations, including those who haul water to and from drill sites; pipe and lumber haulers; and operators of bulldozers, dump trucks, and other vehicles used in drill site preparation.

In response, Environmental Advocates has asked the New York State Department of Financials Services, the state entity that oversees the insurance industry, to open an inquiry on fracking and industry practice.

State leaders currently involved in determining whether to green light fracking in New York should take heed: If fracking is too dangerous for Nationwide, our leaders should think twice before putting the health and safety of New Yorkers at risk.

Farewell, Erica Ringewald

Environmental Advocates of New York bid adieu to longtime Communications Director Erica Ringewald in June. For more than six years, Erica served as our tour de force communications guru by implementing Environmental Advocates’ media strategy, overseeing the production of outreach publications, and managing campaign efforts, including the New York Water Rangers.

Erica’s leadership has been invaluable to the growth and influence of Environmental Advocates’s media presence, both in Albany and statewide. We will miss her dearly but wish her the very best in what’s to come her way.