Hey North Carolina, New York just banned fracking

Before rushing into fracking, North Carolina should look to New York, which just announced it would ban the practice, citing health concerns and uncertain economic prospects. Photo by Daniel Foster/Creative Commons.

New York’s debate over whether or not to allow fracking came to a close today when Gov. Andrew Cuomo sided with the state’s top public health and environmental officials in calling for a ban on the practice.

The governor’s end-of-year cabinet hearing, where the announcement was made, looked like so many other meetings that often end in disappointment. But this one was exceptional for inserting some much-needed truth into the fracking fight that could, just maybe, help other states come to their senses.

During the portion of the meeting on fracking, Joseph Martens, the commissioner of the New York Department of Environmental Conservation, set the stage during a 10-minute presentation that pretty much served as a debunking of the best arguments for fracking. It was clear that Martens had done his homework before concluding that fracking should not be done anywhere in New York.

Just in terms of practicality, Martens told Cuomo and his fellow cabinet members, more than 63 percent of the Marcellus Shale deposits in New York would be off limits under state rules and local zoning. On top of that, dozens of New York towns — most famously the upstate town Dryden — have already approved their own bans on fracking and took their case before the state’s highest court, which ruled in their favor earlier this year.

Following the court’s decision in June, Dryden Town Supervisor Mary Ann Sumne told the New York Times, “I hope our victory serves as an inspiration to people in Pennsylvania, Ohio, Texas, Colorado, New Mexico, Florida, North Carolina, California and elsewhere who are also trying to do what’s right for their own communities.”

Despite the fact that North Carolina’s law prohibits local ordinances that “directly or indirectly” restrict oil and gas drilling operations, towns across the state have approved ordinances or resolutions to discourage or prevent fracking in their limits.

According to Martens, the prospects for fracking in New York are “uncertain at best.” The same could be said of North Carolina, where supporters’ visions of economic grandeur don’t always follow the limitations of the state’s geology.

Martens’ rundown was refreshing for this North Carolinian — it was also a reminder of the disregard and misplaced priorities of many pushing to bring fracking to my beloved state. But New York’s acting health commissioner, Dr. Howard Zucker, who spoke next, might truly be the voice of reason we’re missing in North Carolina.

Zucker, with a stack of reports on fracking’s health impacts in other states piled behind him, said he would not allow his family to drink tap water in an area where fracking took place. The point hit home with Cuomo, who said if Zucker believes fracking could put his children in harm’s way, then no child living in New York should be put in that position.

If no child in New York should be put at risk of contaminated water and the other threats that come with fracking, neither should North Carolina’s kids, nor those living in areas already ravaged by poorly regulated drilling.

Former New York Gov. David Paterson first imposed the state’s moratorium in 2008 while the state Department of Environmental Conservation studied fracking in the years leading up to today’s decision. North Carolina Gov. Pat McCrory and the state General Assembly, on the other hand, have rushed headlong toward fracking while requiring surprisingly little study for a state with no experience regulating it. Drilling could begin in North Carolina as early as this spring.

The latest fumble related to fracking in North Carolina came today too. Just as New York announced its ban, controversial fracking regulations in North Carolina sailed through final review against the recommendations of the Rules Review Commission’s staff attorney, who said Mining and Energy Commission staff emailed her 100 rules that were riddled with errors at 2 a.m. on the day of the deadline.

Mary Maclean Asbill, a senior attorney for the Southern Environmental Law Center, who attended the review told the News & Observer the latest misstep is basically par for the course at this point.

“All of the issues just highlighted how rushed the whole process was,” she said.

About Brian Sewell

Brian is an environmental news junkie concerned with our lagging energy policy and revealing the true cost of coal on our health, the environment and the climate. He is Appalachian Voices' Director of Strategic Advancement.