Steve Israel: End 5-year fracking fight, let science decide

Few happy as drilling uncertain

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Published: 6:40 PM - 07/28/13
Last updated: 6:47 PM - 07/28/13

Five years after fracking seemed inevitable, its future in New York seems uncertain, at best.

It was July 2008 when then Gov. David Paterson ordered an extensive environmental review of the natural gas extraction technique of hydraulic fracturing, or fracking. That essentially created the fracking moratorium that continues to this day.

But as recently as 2011, it seemed fracking would become a reality.

Gov. Andrew Cuomo's top environmental official, Joe Martens, Department of Environmental Conservation commissioner, told the Times Herald-Record that permits would be issued "as early as 2012, perhaps even in the first half of 2012."

"It can be done safely," he said.

But in the past years, the fierce opposition to fracking has grown ? particularly from influential Cuomo supporters like Robert F. Kennedy, Jr., the governor's ex-brother in law.

So now, the politically wary Cuomo says he'll make a decision by the 2014 elections.

Meanwhile, the divide over fracking grows deeper.

Communities have become so fractured, town hall meetings have turned into shouting matches. Neighbors have turned against neighbors. Fracking even divides families.

Five years into the vicious debate, it's time to do just about the only thing both sides ? and Cuomo ? agree on: Let the science decide.

Instead of waiting for the results of out-of-state health studies, as New York is doing, why not get leaders of both sides together to choose professionals to conduct the state's own impartial health study of fracking. Set a deadline, abide by the results and try to move on.

More than 'business decision'?

There is, however, one thing both sides can agree on.

When two natural gas companies recently terminated their leases with one of the region's largest landowners groups without ever drilling, the losers were the 1,300 families and businesses of the Northern Wayne Property Owners Alliance that had leased more 100,000 acres across from Sullivan County, in Pennsylvania.

The winners were the opponents who fought drilling in the Delaware River corridor.

The stated reason for the withdrawal was "low gas prices," according to a spokesman for Newfield Exploration, which partnered with the Hess Corp. on the leases.

"It was a business decision," said Keith Schmidt of Newfield, who added that his company wants to concentrate on more lucrative oil exploration.

But both sides say there was more to the decision than that.

A leader of the nation's anti-fracking movement, "Gasland" (Parts 1 and 2) director and Pennsylvania resident Josh Fox, says fierce political opposition contributed to the pullout.

That opposition is one reason many say the interstate commission that was supposed to regulate drilling in the corridor ? the Delaware River Basin Commission ? has yet to release its regulations, three years after its drilling moratorium.

Fox, who says that 60 percent of the land in his township is leased, was so happy with the pullout he "couldn't stop crying."

"A huge victory," he says.

A spokesman for the Northern Wayne Property Owners agrees that inaction by the DRBC contributed to the pullout.

"There is no doubt in our minds that the reason was uncertainty over the regulatory environment," says Peter Wynne.

But he isn't ready to call it a "victory" for the anti-frackers.

"Maybe, maybe not," he says. "But we certainly didn't win."

But, he adds, "they didn't win either."

"Hess would have proceeded in an environmentally responsible way," he says, mentioning the strict terms of the old leases. If other companies ever drill, "the likelihood of it being responsibly and well development is greatly diminished."

sisrael@th-record.com

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