There are some features of the recent consent decree signed by the Millennium Pipeline Company and the New York State Department of Environmental Conservation (DEC) that we find encouraging. To begin with, the complaint filed against the company shows that the DEC had about a dozen agents in the field filing literally hundreds of reports—we stopped counting at 300—over the past couple of years. It is good to know that the DEC deployed a number of employees to monitor the work and that they performed their task diligently. In addition, the deal reached, in which Millennium Pipeline will fund third-party observers who will see to it that the company hews to DEC guidelines for the remainder of construction, seems well structured to prevent future violations. (Not that the company admits to having committed any violations in the past.)
There are also, however, some extremely disturbing issues raised by this incident. The first observations of environmental degradation took place in mid-2007. And with just a few exceptions—like a stop-work order issued on the occasion of a mudslide at Peas Eddy—no immediate action was apparently taken. It took two years to put in a corrective system. The obvious questions are: What took so long? Will there ever be any remediation for the damage already done? And what do the answers to those questions mean for the kind of protection we can expect when the natural gas drilling companies come to town?
It would make our task easier if the DEC would give us answers to the above questions. Unfortunately, as of press time, they had not responded to our queries on these issues. Given the fact that, in signing the decree, the company has admitted no wrongdoing, we understand that DEC comments may be in legally sensitive territory. But this unfortunately leaves us with nothing to do but speculate.
Possibly, the DEC simply can’t act until it has a certain number of observed alleged problems. Or perhaps it did act, but was stymied by pipeline company lawyers and got bogged down in the legal system, with more and more observations piling up in the two years it took them to slog through the red tape. Or perhaps such draconian standards of proof are required to change an alleged violation to an actual violation that they simply couldn’t meet them. Or maybe it can prove the alleged violations easily, but the law may not readily provide it with the suasion to enforce its regulations.
There could even be budget or personnel problems—the people in the field appear to have been doing their job, but perhaps the administrators in the offices were backed up with a prior case-load a couple of years long.
There may also be good reasons why remediation was not required as part of the agreement with the Millennium Pipeline Company. Perhaps remediation was simply not possible in some cases. Or, it may have been possible at the time, but no longer possible after the delay.
The problem with not knowing which of these explanations, or what other explanations, might be the right ones is that we don’t have any idea how to fix it. And fixed it must be, if this area is not to be transformed into an industrial sewer by the natural gas drilling companies. The potential damage that can be done by drill pads, compressors and hydro-fracking is enormously greater than anything the Millennium Pipeline Company did (or is alleged to have done). With drilling, we cannot possibly afford to wait around for two years while environmental wreckage is observed. We need to be sure the laws are in place to hold the companies to account, and that a workable and timely enforcement mechanism exists that stops any violations dead in their tracks.
Something went wrong in the Millennium Pipeline case, and we need to know what it is. When we do, perhaps we can push our elected representatives to see to it that the DEC has whatever tools it needs to act immediately and forcefully in cases where natural gas companies go over the line of what is environmentally acceptable. In the meantime, “you can trust us” is a reassurance that New Yorkers concerned about the impact of natural gas drilling on their lives and homes are likely to eye with suspicion.
Dr. Punnybone
Things that go bump in the night
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With regard to your editorial on gypsy moths, I thought it might be of interest to note that, in stacking some older firewood this year, I found large caches of white wings. I’m hoping that mice have been collecting and feeding on the female gypsy moths. The moths are not much good at flying, and I would suppose they’re easy prey. This would indeed make these mice a blessing. All help in the gypsy moth fight, if it does no harm, is so welcome.
Joan Applegate
Sparrowbush, NY
The St. Patrick’s Day non-parade
To the editor:
The 2009 Yulan St. Patrick’s Day Non-Parade will not be gathering at the Yulan Four Corners at 1:00 p.m. on Sunday, March 15. All those wishing to not march, not to have fun and not to welcome Spring with Irish good cheer should remember to not show up. After all, what are traditions for if not to be broken? Happy St. Patrick’s Day!
