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DEC Issues Its Long-awaited Final Supplemental Generic EIS on High-Volume Hydraulic Fracturing

By Steven C. Russo on May 13, 2015
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DEC issued its Final SGEIS today which is available for review on its website. There was no mystery as to the outcome because the decision that the State would not authorize the technique in New York State was announced by the Commissioners of Health and Environmental Conservation at a December 17, 2014 cabinet meeting of the New York Governor.

While the document is voluminous, the 34-page Executive Summary explains why DEC is not permitting a natural gas extraction technique that is permitted by the federal government and every state with a significant shale play. That rationale is scientific “uncertainty.” Here is an excerpt from the FEIS:

“During [the time since 2009 when DEC reviewed comments on two versions of the DEIS], a broad range of experts from academia, industry, environmental organizations, municipalities, and the medical and public health professions commented and/or provided their analyses of high-volume hydraulic fracturing. The comments referenced an increasing number of ongoing scientific studies across a wide range of professional disciplines. These studies and expert comments evidence that significant uncertainty remains regarding the level of risk to public health and the environment that would result from permitting high-volume hydraulic fracturing in New York, and regarding the degree of effectiveness of proposed mitigation measures. In fact, the uncertainty regarding the potential significant adverse environmental and public health impacts has been growing over time.”

DEC also relied upon the findings in DOH’s public health assessment, which concluded that “until the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed . . . HVHF should not proceed in New York State.” DEC concurred with that assessment, concluding that the “uncertainty revolving around potential public health impacts stems from many of the significant adverse environmental risks identified in the SGEIS for which the Department proposed and considered extensive mitigation measures.”

Of course, there is always uncertainty and disagreement among professionals, and there is risk from any mineral extraction technique. It remains to be seen whether “uncertainty” and “risk” alone can form an adequate basis to prohibit a mineral extraction technique throughout an entire state.

Photo of Steven C. Russo Steven C. Russo

Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields…

Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields redevelopment, toxic tort litigation, including emerging contaminants, environmental crimes, government law and policy, environmental due diligence and risk management, and the environmental components of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to the development of major industrial, energy and residential development projects.

Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental impact review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions, and revised the agency’s environmental audit policy.

Read more about Steven C. RussoEmail
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  • Posted in:
    Environmental and Climate
  • Blog:
    E2 Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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