ALBANY, N.Y. (AP) -
A federal judge has rejected New York Attorney General Eric Schneiderman's
lawsuit seeking to force a full environmental review before the Delaware River
Basin Commission allows natural gas drilling in a watershed that provides
drinking water for millions of New Yorkers.
U.S. District Court Judge Nicholas Garaufis in Brooklyn
ruled Monday in favor of the Army Corps of Engineers, the Environmental
Protection Agency and other federal agencies. He said the lawsuit filed last
year by Schneiderman was speculative, because the commission hasn't adopted
final regulations yet.
Garaufis noted that there will be plenty of time to file lawsuits after the
regulations are adopted.
Schneiderman said Tuesday that he's pleased the ruling left the door open
for legal action at a later date. "This office will continue to review all
options moving forward to ensure that the federal government meets its clear
legal obligation to fully study the potential risks to New Yorkers' health,
environment and public safety before allowing fracking in the Delaware River
Basin," Schneiderman said in a statement.
A moratorium is in effect in the Delaware
River Basin while the commission
establishes regulations for high-volume hydraulic fracturing, or fracking. The
commission, comprised of representatives from New York,
New Jersey, Pennsylvania,
Delaware and the federal
government, released draft regulations last year. A special meeting to vote on
the regulations in November was postponed to allow more time for review, and no
new date has been set.
The commission regulates water use in a 13,539-square-mile area that
supplies drinking water to 15 million people, including Philadelphia
and half the population of New York City.
About 36 percent of the watershed is in the Marcellus Shale region, a gas-rich
area that extends from southern New York
to Pennsylvania, eastern Ohio
and West Virginia.
Gas is being extracted in the Marcellus Shale using horizontal drilling and
fracking, which uses a mix of water, sand and chemicals to crack the shale
thousands of feet underground. The commission has identified three major areas
of concern over fracking: stream flow and aquifers may be impacted by huge
water withdrawals; drilling operations may pollute ground or surface water; and
millions of gallons of wastewater will have to be disposed of properly.
New York has kept fracking on
hold since 2008 while it completes a massive environmental review that's
expected to be finished later this year. Its proposed regulations would ban
drilling in the watersheds of New York City
and Syracuse.
Landowners seeking gas leases in New York
praised the court decision.
"We encourage the DRBC to complete its regulations promptly, and for New
York to move on to the important business of
developing our state's energy so that we may accomplish twin goals of improving
our environment and boosting our economy," said Dan Fitzsimmons, president
of the Joint Landowners Coalition of New York.
Copyright 2012 The Associated Press.
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