Once the state regulations for gas drilling are released, one thing is almost certain.
Lawsuits will be filed to stop or allow the natural gas extraction method of hydraulic fracturing, or "fracking." That's the one thing on which both sides agree.
"It's a virtual certainty there will be litigation," says Kate Sinding, senior attorney of the powerful National Resources Defense Council, which wants to see the final regulations before it commits to legal action. Related Stories
"That is absolutely obvious," says Pennsylvania's Mike Uretsky, a pro-drilling member of a task force established by the National Petroleum Council at the request of Secretary of Energy Steven Chu. He's also referring to the regulations from the Delaware River Basin Commission to allow drilling along the river corridor.
In fact, pro-drillers in the Sullivan County Town of Bethel, which has banned drilling, have already threatened lawsuits to allow it.
But whether lawsuits could actually stop or delay drilling isn't so certain.
Those filing lawsuits must ask the court for an injunction or stay. The court could then require a bond to pay for lost revenues — unless the state voluntarily agrees not to issue permits until the suit is settled.
In others words, whenever we think the battle for or against drilling may be over, we'll have to think again.
Cuomo can't escape fracking
The drilling heat from both sides of the issue is so intense that Gov. Andrew Cuomo can't escape it, no matter where he goes.
When he arrived in Charlotte, N.C., last week for the Democratic National Convention, he was greeted by a full-page ad paid for by Food and Water Watch in the Charlotte Observer that read: "Governor Cuomo, the road to the White House is not lined with drilling rigs. ... If you frack New York, the growing nationwide movement to stop fracking will remember in 2016." That's when, many say, Cuomo may be running for president.
Meanwhile, 22 town officials supporting fracking, including Town of Fremont Supervisor George Conklin and Town of Delaware Supervisor Ed Sykes and Deputy Supervisor Harold Roeder, are turning up their own heat on Cuomo. They want the governor to release the regulations so that drilling can start as soon as possible.
They just sent a letter to Cuomo that reads: "On behalf of our constituents, we urge you to act — to direct the DEC to move forward as soon as possible with rules and regulations governing the process and to begin permitting."
The letter cites the "dire situations" of the towns and their residents.
"Responsible drilling is our best hope for resurgence," it says.
The letter also refers to those against fracking:
"... the delay is only empowering opponents, some of whom have now taken to civil disobedience and other disruptive acts. While everyone supports the right of people to express their views, we see a situation where opponents are distorting the facts and trying to impose their views of what is right in our community."
Delaware and Fremont are the two Sullivan County towns that have passed resolutions in support of fracking.
DEC study could delay drilling
If the Department of Environmental Conservation decides to conduct an independent study of the health impacts of fracking, as environmental groups are demanding, those regulations — and thus drilling — could be further delayed.
Sinding of the NRDC says such a study is a possibility.
"I think they're thinking very seriously" about such a study, she said, adding, "We've been encouraging them" to do one.
A health impact study was one of the topics recently discussed at a meeting of environmental leaders with the DEC, several publications reported.
Agreement on need for gas
Democrats and Republicans agree on very few issues. But one of them is this: the need for natural gas.
Here are excerpts from each party's platform:
Democrats: "Our dependence on foreign oil is now at a 16-year low, and a new era of cheap, abundant natural gas is helping to bring jobs and industry back to the United States. We will continue to advocate for the use of this clean fossil fuel ... ."
Republicans: "All estimates of America's oil and natural gas reserves indicate an incredible bounty for the use of many generations to come. At a time when unemployment has been above 8 percent for 42 consecutive months ... we should be pursuing our oil and gas resources.''
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