Monday, December 14, 2015

Fracking Redux

1 Aerial view of the Jonah natural gas field, upper Green River Valley, Wyoming. (Photo by Peter Aengst, 2001.)

Our Speakers

• Erica Levine Powers

– Affiliated Scholar, Department of Geography & Planning, University at Albany (SUNY)

• Sorell E. Negro

– Robinson & Cole LLP

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And Your Co-Hosts

• Prof. Daniel R. Mandelker, FAICP

– Washington University School of Law

• Dwight Merriam, FAICP

– Robinson & Cole LLP

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The Drilling Process

“THUMPER TRUCKS”

Conventional and Non-Conventional Natural Gas Extraction Methodologies

Community Impacts

• Jobs • Development • Trucks/Traffic • Population surge • Housing prices and

stock • Less affordable

housing • Strains on local

government and public services

Man Camps

Natural Gas Well Pad, Pinedale Anticline, WY Photo by Richard Waite, 2008

Outside Williston, ND Photo by Ben Garvin, Reuters

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Health Impacts

• Human health impacts: o Respiratory conditions o Birth defects o Cancer rates

• Impact on farm animals

• Impact on the food chain

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In some states Frack water is saved in open pits and even reused [“recycled”]

Health Impacts, Cont’d

Impoundment with Aerators and Drill Site near Hickory, PA

11 https://www.osha.gov/dts/hazardalerts/hydraulic_frac_hazard_alert.html

OSHA Issues for Site Workers

Recycling Wastewater

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To Ban or Not To Ban?

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Preemption: State vs Local

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New York: Wallach v. Town of Dryden, 16 N.E.3d 1188 (N.Y.2014) Express preemption language required; home rule power upheld.

Pennsylvania: Robinson Tp., Washington County v. Com., 623 Pa. 564, 83 A. 3d 901 (2013). Act 13 was unconstitutionally overbroad in requiring all municipalities to allow fracturing in all zones, including residential; Pennsylvania has a constitutional provision for protection of environment for Future generations.

Ohio: State ex rel. Morrison v. Beck Energy Corp., 2015-Ohio-485, 2015 WL 687475 (Ohio 2015). State preemption of local zoning upheld, 4-3, with language limiting the decision to facts of case, including wording of ordinance.

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The Power of Local Governments

• Zoning • Setbacks • Noise/light/vibration

ordinances • Traffic

rules/ordinances • Financial assurances

or responsibility provisions

Planning for the Boom and Bust Cycle

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• Examine tax revenues and

expenditures

• Project future financial needs

• Consider:

– Diversifying your economy

– Adaptive reuse

– Saving

Photo by Kathy Weiser

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What about Federal Laws?

There is no federal regulation per se of high volume lateral hydraulic fracturing for oil and gas. The Environmental Protection Agency and the federal Department of Energy have separate mandates and implement separate policies. Federal environmental laws each have a mandate, such as Clean Air, Clean Water, and Safe Drinking Water. Some federal environmental laws, such as NEPA, are carried out by the states. Some federal agencies, such as FERC, regulate infrastructure for “midstream” activities that bring gas to consumers – pipelines, compressor stations. Other federal agencies regulate railroads, for example regulating the design of railroad cars that carry combustible materials such as oil from the Bakken shale in North Dakota.

Lessons from the Sage Grouse

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Questions and Answers

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Thank you!

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If you have further questions or comments, please feel free to contact us:

Erica Levine Powers Sorell E. Negro epowers@albany.edu snegro@rc.com