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	<title>Frack Check WV &#187; DEC</title>
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		<title>NY-DEC Not Up To The Job – Oil &amp; Gas Industry Influences Regulators</title>
		<link>https://www.frackcheckwv.net/2012/10/02/ny-dec-not-up-to-the-job-%e2%80%93-oil-gas-industry-influences-regulators/</link>
		<comments>https://www.frackcheckwv.net/2012/10/02/ny-dec-not-up-to-the-job-%e2%80%93-oil-gas-industry-influences-regulators/#comments</comments>
		<pubDate>Tue, 02 Oct 2012 16:35:14 +0000</pubDate>
		<dc:creator>Duane Nichols</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[DEC]]></category>
		<category><![CDATA[drilling]]></category>
		<category><![CDATA[fracking]]></category>
		<category><![CDATA[land disturbances]]></category>
		<category><![CDATA[marcellus shale]]></category>
		<category><![CDATA[natural gas]]></category>
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		<category><![CDATA[NY]]></category>
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		<category><![CDATA[SGEIS]]></category>
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		<guid isPermaLink="false">http://www.frackcheckwv.net/?p=6299</guid>
		<description><![CDATA[Louis Allstadt &#8211; Former Mobil Executive NOTE: There was an incredibly well-written article posted on the &#8220;DC-Bureau&#8221; on October 1st by Peter Mantius.  Excerpts are shown below:  COOPERSTOWN, N.Y. – Former Mobil Oil Corp. executive Louis W. Allstadt did not start out as an anti-fracking activist. He had to analyze the issue and then switch sides. [...]]]></description>
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<dt class="wp-caption-dt"><a href="/wp-content/uploads/2012/10/NY-Mobil-Louis-Allstadt.jpg"><img class="size-full wp-image-6300" title="NY Mobil Louis Allstadt" src="/wp-content/uploads/2012/10/NY-Mobil-Louis-Allstadt.jpg" alt="" width="240" height="178" /></a></dt>
<dd class="wp-caption-dd">Louis Allstadt &#8211; Former Mobil Executive</dd>
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<p><em>NOTE: There was an incredibly </em><a title="DC Bureau Article on NY-DEC by Peter Mantius" href="http://www.dcbureau.org/201210017915/natural-resources-news-service/louis-w-allstadt-from-supporter-to-skeptic-on-new-york-state-fracking.html" target="_blank"><em>well-written article</em></a><em> posted on the &#8220;DC-Bureau&#8221; on October 1st by Peter Mantius.  Excerpts are shown below:</em> </p>
<p>COOPERSTOWN, N.Y. – Former Mobil Oil Corp. executive Louis W. Allstadt did not start out as an anti-fracking activist. He had to analyze the issue and then switch sides. Initially, he bought into the natural gas industry’s gaudy promises that high-volume horizontal hydrofracturing could work economic miracles in rural upstate New York. He wrote in a 2009 newspaper opinion article that gas drilling “could provide enormous quantities of clean-burning natural gas with great economic benefits” to the state.</p>
<p>But after digging deeper, Allstadt veered away from the party line. Now he is convinced the economic prospects are largely hype and that the state’s environmental regulators are disturbingly unprepared to deal with the side effects of such an invasive industrial activity.</p>
<p>“It’s a bad idea for New York State,” Allstadt said in recent interview, echoing detailed letters he has written to Gov. Andrew Cuomo and other state officials.</p>
<p>The industry has tried to downplay the fact that he has switched sides, challenging his credentials. “Lou was a policy guy in refining,” said Scott Cline, an industry spokesman who holds a Ph.D in petroleum engineering. “He’s talking about things he doesn’t know anything about.”</p>
<p>Actually, Allstadt headed Mobil’s oil and natural gas drilling in the western hemisphere before he retired. He also supervised Mobil’s side of the company’s 1999 merger with Exxon that created the world’s largest corporation.</p>
<p>And when Cuomo indicated in June that he was close to allowing fracking in a few areas near the New York-Pennsylvania border, Cooperstown clearly fell outside his target area. Since then, the governor has extended a moratorium on all high-volume fracking in New York State, pending a new health impact study that will take months.</p>
<p>The state should have ordered the health study years ago, Allstadt argues, and its failure to do so is a symptom of a deeper problem. In his view, regulators at the state Department of Environmental Conservation are so steeped in the industry mindset that they continue to sidestep a host of costly challenges, such as disposing of toxic fracking wastewater and financing repairs on roads and bridges beaten up by fracking trucks.</p>
<p>James “Chip” Northrup’s, lives a few doors down Main Street. A confrontational energy investor with a Texas twang and an accounting MBA from Wharton, Northrup argues that the shale gas boom is an unsustainable bubble. “I still go out to make presentations in hostile groups,” Northrup said. “Lou has the good sense to avoid that.”</p>
<p>In June, Northrup ventured into a sharply divided audience in the Keuka Lake town of Pulteney to urge locals to pass a moratorium or ban on fracking. After Northrup jokingly introduced himself as the second smartest oil and gas guy in Cooperstown – after Allstadt – Cline, the petroleum engineer, suggested that neither man had much to offer.</p>
<p>The Marcellus Shale formation, which extends from upstate New York down through Pennsylvania, West Virginia and Ohio, is widely viewed as one of the world’s largest stores of natural gas. Most experts agree that high-volume fracking is the best way to tap it.</p>
<p>Allstadt appreciated the potential, but was attuned to the need to regulate it strictly. Over time he concluded that that was not likely, given the NY-DEC’s apparent pro-industry bias. If he had one wake-up call that turned him into a skeptic, he said, it was drilling setbacks – the minimum distances gas wells must be from homes, public buildings and public sources of drinking water.</p>
<p>He hunted for details in the DEC’s 1,000-plus-page, boiler-plated guide to fracking regulations known as the 2011 Supplemental Generic Environmental Impact Statement, or SGEIS. No luck.</p>
<p>“The distance from a person’s home to an invasive industrial activity is of utmost importance,” Allstadt wrote DEC Commissioner Joseph Martens in January. “The public had every reason to expect that this information would be prominent in the 2011 SGEIS. It is not.”</p>
<p> &#8230;.. <a title="Full article: DC Bureau: NY-DEC: SGEIS" href="http://www.dcbureau.org/201210017915/natural-resources-news-service/louis-w-allstadt-from-supporter-to-skeptic-on-new-york-state-fracking.html" target="_blank">more</a> on the NY-DEC SGEIS &#8230;.</p>
<p><strong><a title="http://www.dcbureau.org/author/peter" href="http://www.dcbureau.org/author/peter">Peter Mantius</a></strong></p>
<p>Peter Mantius is a reporter in New York. He covered business, law and politics at <em>The Atlanta Constitution</em> from 1983-2000. He has also served as the editor of business weeklies in Hartford, CT, and Long Island.</p>
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		<title>New York DEC Claims They Followed Law in Contacting Gas Drillers</title>
		<link>https://www.frackcheckwv.net/2012/07/02/new-york-dec-claims-they-followed-law-in-contacting-gas-drillers/</link>
		<comments>https://www.frackcheckwv.net/2012/07/02/new-york-dec-claims-they-followed-law-in-contacting-gas-drillers/#comments</comments>
		<pubDate>Mon, 02 Jul 2012 14:07:30 +0000</pubDate>
		<dc:creator>Duane Nichols</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[DEC]]></category>
		<category><![CDATA[draft environmental impact statement]]></category>
		<category><![CDATA[drilling]]></category>
		<category><![CDATA[fracking]]></category>
		<category><![CDATA[marcellus shale]]></category>
		<category><![CDATA[natural gas]]></category>
		<category><![CDATA[New York State]]></category>

		<guid isPermaLink="false">http://www.frackcheckwv.net/?p=5418</guid>
		<description><![CDATA[New York State Watersheds Glenn Coin, writing in The Post-Standard of Syracuse, NY, wrote the following for June 29, 2012: The NY Department of Environmental Conservation (DEC) was just following the law when it showed gas drillers summaries of draft hydrofracking regulations last year before the regulations were made public, an agency spokeswoman said. An [...]]]></description>
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<dl id="attachment_5419" class="wp-caption alignleft" style="width: 264px;">
<dt class="wp-caption-dt"><a href="/wp-content/uploads/2012/07/New-York-Watersheds.jpg"><img class="size-full wp-image-5419" title="New York Watersheds" src="/wp-content/uploads/2012/07/New-York-Watersheds.jpg" alt="" width="254" height="198" /></a></dt>
<dd class="wp-caption-dd">New York State Watersheds</dd>
</dl>
<p><a href="http://connect.syracuse.com/user/gcoin/index.html">Glenn Coin, writing in The Post-Standard of Syracuse, NY, wrote the following for June 29, 2012: </a></p>
<p>The NY Department of Environmental Conservation (DEC) was just following the law when it showed gas drillers summaries of draft hydrofracking regulations last year before the regulations were made public, an agency spokeswoman said. An environmental group criticized DEC for allowing drillers to see the draft regulations weeks before they were made available for public comment.</p>
<p>DEC spokeswoman Emily DeSantis said state agencies are required by the <a href="http://codes.lp.findlaw.com/nycode/SAP">State Administrative Procedures Act,</a> to assess the impacts of regulations on the industry to be regulated.</p>
<p>&#8220;Agencies cannot gather this data without holding meetings and engaging in other forms of communication with the regulated community prior to proposing the regulation,&#8221; DeSantis said in a statement. &#8220;To gather important feedback from stakeholders, DEC has regularly and routinely met with environmental groups, industry, local government representatives and other stakeholders as it develops the final (environmental report) for high-volume hydraulic fracturing.&#8221;</p>
<p>The law requires DEC and other agencies to &#8220;consider utilizing approaches which are designed to avoid undue deleterious economic effects or overly burdensome impacts of the rule upon&#8221; people or companies. DeSantis said DEC asked drillers to estimate the costs of complying with the draft regulations.</p>
<p>The Environmental Working Group <a href="http://www.ewg.org/report/inside-track-cuomo-team-gave-drillers-edge-influence-fracking-rules">released e-mails</a> it had obtained under the state&#8217;s Freedom of Information Law showing correspondence between drilling company representatives and the DEC weeks before an environmental report on hydrofracking was released last year.</p>
<p>The DEC environmental report was released last September. More than 74,000 comments have been received on the report, and DEC officials are still working on responses. No deadline has been set for a decision on whether to allow hydrofracking in New York.</p>
<p>See previous coverage:<br />
<a href="http://www.syracuse.com/news/index.ssf/2012/06/environmental_group_says_state.html">Environmental group says state gave gas drillers early look at hydrofracking regulations</a></p>
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		<title>New York State Moratorium Continues until the Environmental Assessment is Completed</title>
		<link>https://www.frackcheckwv.net/2011/05/27/new-york-state-moratorium-continues-until-the-environmental-assessment-is-completed/</link>
		<comments>https://www.frackcheckwv.net/2011/05/27/new-york-state-moratorium-continues-until-the-environmental-assessment-is-completed/#comments</comments>
		<pubDate>Sat, 28 May 2011 03:00:38 +0000</pubDate>
		<dc:creator>Duane Nichols</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[DEC]]></category>
		<category><![CDATA[drilling]]></category>
		<category><![CDATA[environmental assessment]]></category>
		<category><![CDATA[governor]]></category>
		<category><![CDATA[hydraulic fracturing]]></category>
		<category><![CDATA[marcellus shale]]></category>
		<category><![CDATA[natural gas]]></category>
		<category><![CDATA[New York State]]></category>
		<category><![CDATA[public comment]]></category>
		<category><![CDATA[Utica Shale]]></category>

		<guid isPermaLink="false">http://www.frackcheckwv.net/?p=1923</guid>
		<description><![CDATA[The fracking moratorium in New York state will not be lifted on July 1st, although this is the planned date for release of the 2nd version of the draft environmental assessment being prepared by the Department of Environmental Conservation. Additional time will be needed for the public, and for private industry, to review the draft [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>The <a title="Fracking moratorium in New York state" href="http://switchboard.nrdc.org/blogs/ksinding/the_truth_about_the_june_1st_f.html" target="_blank">fracking moratorium in New York</a> state will not be lifted on July 1<sup>st</sup>, although this is the planned date for release of the 2<sup>nd</sup> version of the draft environmental assessment being prepared by the Department of Environmental Conservation. Additional time will be needed for the public, and for private industry, to review the draft and provide comments back to the DEC. Then the DEC will need time to review the comments and make appropriate changes to the assessment.</p>
<p>Former Governor Paterson’s executive order directed his DEC to issue a <a href="http://switchboard.nrdc.org/blogs/ksinding/another_day_another_fracking_a.html">new draft</a> environmental review document before moving forward.  In so doing, he effectively acknowledged that the more than 13,000 public comments received on the initial, <a href="http://switchboard.nrdc.org/blogs/ksinding/ny_legislators_urge_governor_t.html">deeply flawed</a> draft from the fall of 2009 raised significant issues that required new analysis – and a new public review and comment period. </p>
<p>The current Governor Cuomo extended Paterson’s executive order.  Since that time, DEC has been continuing its evaluation so it can issue the new draft environmental review. That involves reviewing the thousands of public comments submitted almost a year-and-a-half ago and determining what additional studies need to be completed. The agency was heavily <a href="http://switchboard.nrdc.org/blogs/rschrader/dec_death_by_a_thousand_cuts.html">gutted</a> by staffing and budgetary cuts in the last administration, and their new leadership is still new. </p>
<p>After the new draft is released, DEC is going to have to provide a new public comment and review period, perhaps 90 days. After that, the agency is legally required to do exactly what it’s doing right now – evaluate, and respond to, every substantive comment received on the new draft before issuing a final environmental review document and completing the process. (There is still some risk that the state will cave to pressure from big oil and gas corporations and rush the process, putting New York’s safe drinking water supply, air quality and communities in jeopardy.) </p>
<p>In <a title="Exxon and Chevron stockholders vote on Marcellus oversight" href="http://www.sustainablebusiness.com/index.cfm/go/news.display/id/22465" target="_blank">recent annual  meetings</a>, 41% of shareholders at Chevron and 28% at ExxonMobil voted in favor of resolutions asking for a report on the environmental and financial risks of hydraulic fracturing in natural gas drilling. While these resolutions did  not pass, the message has been sent to corporate executives that stockholders are very concerned. Jon Jensen of the Park Foundation said that shareholders need assurance that companies are candidly disclosing risks, due to fracking chemicals or due to wastewater disposal, and are adopting best management practices to minimize these risks.</p>
<p>Exxon who paid $35 billion for XTO Energy in 2010 will be looking to recoup some of that investment in the near future. <a title="Chevron moving strongly into Marcellus shale gas production" href="http://www.theintelligencer.net/page/content.detail/id/555346/Chevron-Staking-Out-Marcellus-Shale-Claims.html?nav=515" target="_blank">Chevron recently signed</a> an agreement to acquire about 228,000 high-quality acres in the Marcellus shale, mostly in southern Pennsylvania; and, their purchase of Atlas Energy was completed this past February.</p>
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