LEARN MORE

The following links are provided to help our community learn more about the potential effects of natural gas drilling in the Marcellus Shale.

The Marcellus Shale

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Maps

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Shale Gas Extraction

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Environmental and Health Risks

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Economic Impact

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Impact on Communities

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Drilling in Our National Forests

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Dimock

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Best Management Practices

What the oil and gas industry could do to protect the public.

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Pseudo-Science: The Flawed 2004 EPA Study of Hydraulic Fracturing

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The Oil and Gas Industry: Exempt From Our Most Important Environmental Laws

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Pending Federal Legislation


        The FRAC Act (H. R. 7231)
          Will restore hydraulic fracturing to Federal oversight subject to the Safe Drinking Water Act, and require gas companies to disclose the chemicals they use in fracking fluids.

        The Endocrine Disruption Chemical Act
          To amend the Public Health Service Act to authorize the National Institute of Environmental Health Sciences to conduct a research program on endocrine disruption, to prevent and reduce the production of, and exposure to, chemicals that can undermine the development of children before they are born and cause lifelong impairment to their health and function, and for other purposes.

        Energy Security Through Transparency Act of 2009 S.1700
          Mining and oil drilling are multibillion-dollar industries in some of the world's poorest countries. And yet, many people in these countries are only getting poorer. S.1700 will require disclosure of payments to foreign governments for the commercial development of oil, natural gas, and minerals. Poor communities have a right to follow the money – and to call for a fair share for schools, health care and jobs.

          The bill also expresses the sense of Congress that the President should disclose any payment relating to the commercial development of oil, natural gas, and minerals on Federal land, and for other purposes.

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New York State Laws & Regulations

Under state law, local communities have almost no control over the oil and gas companies. Towns are only allowed to regulate the use of roads and real property tax law.


        Environmental Conservation Law Article 23
          Article 23 of ECL strips Towns of the ability to regulate drilling. "The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under the real property tax law.

          Go to: "http://public.leginfo.state.ny.us/menugetf.cgi" select "Main Menu" select "Laws of New York" then selct "ENV", select "Article 23" then "Title 3" then selct "23-0303 - Administration of article".

        Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program
          The 1992 document that considers the environmental impact of gas extraction in New York State

        Well spacing and compulsory integration
          The law that allows gas companies to take your gas even if you oppose drilling.

        State and Local Regulation of Oil and Gas Exploration and Production
          This report helps reveal the choices state regulators make in protecting the public from the array of detrimental environmental and public health side effects that accompany oil and gas drilling operations

          Re: Well Casing "The state with the most disappointingly sparse regulation is New York."

        State and Local Regulation of Oil and Gas Exploration and Production
          This report helps reveal the choices state regulators make in protecting the public from the array of detrimental environmental and public health side effects that accompany oil and gas drilling operations

          Re: Well Casing "The state with the most disappointingly sparse regulation is New York."

        State Environmental Quality Control Act (SEQR)-
          SEQR requires the sponsoring or approving governmental body to identify and mitigate significant environmental impacts of the activity that it is proposing or permitting. See

        State and Local Regulation of Oil and Gas Exploration and Production
          This report helps reveal the choices state regulators make in protecting the public from the array of detrimental environmental and public health side effects that accompany oil and gas drilling operations

          Re: Well Casing "The state with the most disappointingly sparse regulation is New York."

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Pending NYS Legislation


        A01322
          Establishes a moratorium on the issuance of permits for the drilling of wells and prohibits drilling within five miles of the New York city water supply infrastructure.

        A09414
          Establishes the natural gas exploration and extraction liability act of 2010.

        A08784
          Requires permit holders to test groundwater prior to and after drilling wells for oil and natural gas.

        A05585
          Establishes the "Natural Gas Infrastructure Act"; further creates the natural gas infrastructure grant fund for the purpose of subsidizing up to fifty percent of the total cost of projects by the county industrial development agency intended to extend natural gas supply facilities to rural areas for economic development purposes by the construction of natural gas distribution facilities.

          In other words the taxpayer is supposed to pay to build gas infrastructure while the drillers while they take the profits!

        S03410
          Establishes a natural gas and oil well security fund to enable natural gas and oil producers to meet the financial security requirements in the environmental conservation law for the permitting, operation, maintenance and plugging of natural gas and oil wells.

          From the bill: "THE RATE OF PAYMENT INTO THE FUND SHALL BE TEN DOLLARS PER WELL PER YEAR." Ten dollars per well per year - that's supposed to protect the taxpayer from incurring costs if drillers shirk their responabilities?

        S06269
          Requires permit holders engaging in the drilling, casing, operation, plugging, and replugging of gas wells to post a bond which will allow for the construction or reconstruction of any water supply deemed proximate to any permitted work.

          One lawyer writes: "Pros: It would require the posting of a bond against water contamination, so that if an entity bankrupted itself, there would still be a chance for a damaged property owner to collect; it also provides for a low-cost arbitration system so that remedies could more easily be obtained. Cons: it gives a ton of discretion to the DEC commissioner regarding bond amount, structure and rules of the arbitration system and rights to recovery. I think it's more a sop than a solution.

        A08748 / S6244
          Relates to the regulation of the drilling of natural gas resources.

        A07918B / S 3657-B
          Relates to the New York state oil, natural gas and solution mining advisory board.

        A10088
          Prohibits the on-site storage of flowback water. This bill, introduced by Bob Sweeney, Chair of the Environmental Conservation Committee would prohibit one of the most readily avoidable sources of contamination. Thirty-four members of the Assembly had already signed on as sponsors when the bill was introduced.

        A10090
          Prohibits the disposal of drill cuttings at the drilling site. Another bill introduced by ECOn Chair Bob Sweeney, it seeks to prevent soil and groundwater contamination by requiring that toxic and radioactive drill cuttings be removed from well sites. Twenty-nine members of the Assembly had attached their names to the bill when it was introduced.

        A10091
          An ACT to amend the environmental conservation law, in relation to the use of hydraulic fracturing fluids. Also introduced by ECon Chair Sweeney. It has a number of provisions including a ban on chemicals in fracking fluid that pose a risk to human health. Thiry-two Members of the Assembly had attached their names to the bill when it was introduced.

        A10092
          Requires an environmental impact statement to be prepared for any natural gas or oil drilling involving the use of hydraulic fracturing fluid. The fourth bill introduced on March 3, 2010 by Econ Chair Sweeney. Thirty-one Members of the Assembly attached their names to the bill when it was introduced.

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NYS Legislation and Regulatons We Need to See

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Local Regulation

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Legal Tools

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Scoping for the SGEIS

The Scoping document preceded the Draft SGEIS. It was supposed to give the public the opportunity to comment on the range of issues to be considered in the SGEIS.

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The NYS Draft SGEIS

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Comments on the NYS Draft SGEIS

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Protecting the NYC Watershed

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The Delaware River Basin Commission (DRBC)

"A river is more than an amenity, it is a treasure." (U.S. Supreme Court Justice Oliver Wendell Holmes, 1931 Delaware River Diversion Case)

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Gas Leasing

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Catskill Citizens Updates

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Opinion

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