N.Y. legislature approves fracking moratorium

The New York Assembly has approved a six-month moratorium on hydraulic fracturing, or "fracking," to release natural gas and oil from dense rock formations. Mireya Navarro reports for The New York Times' Green blog that the state Assembly voted 93 to 43 last night to put a temporary moratorium on the process. The Senate passed a similar bill in August, and the legislation now awaits the signature of Gov. David Paterson, who has said he supports a moratorium. It would be in effect until May 15, 2011, and apply to new drilling permits for horizontal hydraulic fracturing.

"This is the first time any state has ever taken this kind of action to protect the health and safety of its residents from the consequences of gas drilling," Kate Sinding, deputy director of the New York Urban Program at the Natural Resources Defense Council, told Navarro. "It sends a powerful message that New Yorkers don’t want new fracking here unless the industry proves it can be done safely." One proposed fracking area overlaps the watershed for New York City.

Navarro reports that the actual effect of the moratorium is uncertain. "The state Department of Environmental Conservation is already reviewing the potential environmental impact of the drilling in upstate New York, where natural gas companies are buying up leases and applying for permits to tap the Marcellus Shale, site of one of the largest natural gas fields in North America. The department is not likely to come up with regulations governing drilling on the Marcellus Shale before May, some state officials said."

Nevertheless, the Independent Oil and Gas Association of New York warned that the legislation as written could halt hydraulic fracturing that is already going on elsewhere in the state and could jeopardize 5,000 industry jobs and the $1 million in annual revenue that the state collects from drilling permit fees. (Read more) Marie Baca of ProPublica, the nonprofit investigative news outlet that has closely followed fracking, reports, "The broad language of the measure does not differentiate between the different ways that fracking can be used. Industry experts say it could lead to the suspension of nearly all oil and gas drilling in the state." (Read more)