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Citizens Clash Over Delaware River Basin Commission On Marcellus Shale Drilling

By Sandy Long, The River Reporter

Passions rose as high as the many signs thrust skyward by more than 500 people who packed the local fire hall in West Trenton on July 14 to learn the outcome of several closely watched decisions related to natural gas extraction in Pennsylvania.

            Pro-drilling forces demanded that the Delaware River Basin Commission (DRBC) modify its recent decisions in order to allow development of the Marcellus Shale gas play to move forward, while anti-drilling groups declared, “Not so fast!” Both sides had secured buses in order to transport supporters from the Upper Delaware region to join others from New Jersey and Delaware gathered there.
            Despite the contentious atmosphere, the DRBC conducted the session while asking the raucous crowd repeatedly to be respectful.
            During the meeting, DRBC executive director Carol Collier announced that draft natural gas regulations should be published for public review by the end of summer 2010 and will include at least one public hearing and an opportunity for the public to submit written comments on the draft before the commissioners consider adoption of the regulations.
            The commissioners also granted requests submitted by individuals, a municipality, landowners’ organizations and environmental groups to schedule an administrative adjudicatory hearing on whether to modify the executive director’s June 14, 2010 decision to require natural gas companies to obtain commission approval before installing natural gas exploratory wells, except for those exploratory wells that had received state drilling permits as of June 14.
            Some parties would like all exploratory wells to be excluded from commission review while others want the review process to apply to all exploratory wells. The requests were consolidated and the future hearing will be held as soon as possible in Northeast Pennsylvania.
            Collier’s announcement that she will grant the request by Hess Corporation to amend her June 14 supplemental determination, drew both cheers and jeers. The decision allows the company to drill two exploratory wells in Wayne County, PA known as the Davidson IV and Hammond IV wells, which received Erosion and Sediment Control permits from Pennsylvania before June 14.
            The decision was made to allow the two wells to move forward despite recent letters from the National Park Service (NPS) and the U.S. Fish and Wildlife Service (FWS) requesting that all gas wells in the Delaware River Basin be subject to a moratorium until the DRBC completes its regulations.
            Lackawaxen Water Withdrawal Approved
            The commissioners also approved Stone Energy Corporation’s request to withdraw 700,000 gallons of water per day from the West Branch of the Lackawaxen River. Tracy Carluccio of the Delaware Riverkeeper Network told the DRBC, “We are very disappointed today about the majority vote. All natural gas-related projects must be included in a complete moratorium in the Delaware River watershed. We need to conduct a comprehensive study to understand what this means for all watersheds.”
            Members of the Northern Wayne Property Owners Alliance (NWPOA), which represents landowners who have leased more than 100,000 acres of land in Wayne and Susquehanna counties, wore matching caps and t-shirts that read “Natural Gas for a Clean America” and rose to their feet repeatedly in support of pro-drilling comments.
            NWPOA member Dave Jones brandished a Soviet hammer and sickle flag among the crowd as pre-meeting ralliers chanted, “Not so fast natural gas!” Said Jones, “I want to see the American flag, not this. It’s time to respect [America’s] principles… of private property rights and free enterprise, the American way, and there’s nothing wrong with prospering. And if we want to go to a Socialist, Communist country, then I don’t want to be part of it, and this is a flag that we will be flying.”
            During his comments to the DRBC, Jones said: “The delays have been extensive. Let’s get the rigs out asap. The process should move forward before studies because it’s happening in other places and everything is just fine.”
            Environmental groups like Damascus Citizens for Sustainability and NYH2O raised banners and signs that read “Stop Fracking America,” and chanted repeatedly, “No water for gas!” Mark Ruffalo, a Sullivan County, NY landowner, said during his comment, “Why not let the science speak for itself? The gas is going to be there. Let the leases run out while the EPA studies this. If there are no problems with drilling, then why are there so many problems with drilling?”
            The organization, Food and Water Watch, which advocates for safe and sustainable shared resources under public control, provided the DRBC with copies of its new report, “Not So Fast, Natural Gas: Why Accelerating Risky Drilling Threatens America’s Water,” which can be viewed online.

Reprinted with permission from The River Reporter July 22-28, 2010.

U.S. House Panel Approves Study Of Fracking Impact On Water Resources In Delaware

Congressman Joe Sestak (D-PA), along with Maurice Hinchey (D-NY), and Rush Holt (D-NJ) announced Friday they have secured approval from a key House panel of $1 million for the U.S. Geological Survey to conduct a cumulative impact study on water withdrawals for hydraulic fracturing of Marcellus Shale natural gas wells in the Delaware River Basin.
            The House Appropriations Committee Subcommittee on Interior, Environment, and Related Agencies this week approved the funding for the study, which would be conducted in partnership with the Delaware River Basin Commission.
            “There is extraordinary economic potential associated with the development of Marcellus Shale resources,” said Cong. Sestak. “However, as the oil spill in the Gulf and the recent explosion in Clearfield County, Pennsylvania reminds us, there is also great risk. One way to ensure proper development is understand the potential impacts.  That is why I supported the funding of the cumulative effects of drilling and operation of gas wells on the water supply in the Delaware River Basin.  With information from the study, we can make educated decisions on how best to minimize the impacts of drilling, while enhancing the benefits.”
            The study will evaluate the cumulative impacts on water supply and resources from additional water consumption for hydraulic fracturing, landscape alteration due to gas well pad development, and changes in water quality resulting from water discharges within the Basin. 
            Over 15 million people, including New York City and Philadelphia residents, depend on the water resources of the Delaware River Basin. While property owners and local businesses could benefit economically from drilling activities in the Basin, the study is necessary to ensure that these individuals as well as other stakeholders throughout the Basin are not adversely impacted by any Marcellus Shale natural gas development and that the region's water resources are fully protected.  
            The cumulative impact analysis will help to inform and guide DRBC management policies and practices that both enable economic progress and also ensure protection of public health and the environment.  The DRBC has regulatory jurisdiction over all water withdrawals and discharges for Marcellus Shale drilling in the Delaware River Basin.
            Congressmen Hinchey and Holt currently serve as co-chairs of the Congressional Delaware River Task Force, a bipartisan group of members of the U.S. House of Representatives from all four basin states (Delaware, New Jersey, New York, and Pennsylvania) that coordinate congressional efforts to promote the restoration and vitality of the Delaware River Basin and its communities.

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7/26/2010

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