A moratorium makes sense

By Maya K. Van Rossum and Ramsay Adams

Change, monumental change, is racing toward our region. Whether or not natural gas drilling in the Marcellus Shale play will devastate the Upper Delaware River Watershed and the Catskills while it brings new industry here depends largely on one thing—how it is regulated.

There are two major entities that will shape the regulations that protect our drinking water, air, streams and land while companies drill for natural gas here: the New York State Department of Environmental Conservation (DEC) and the Delaware River Basin Commission (DRBC). New York State has a virtual moratorium in place for new Marcellus shale gas wells while it updates its Environmental Impact Statement, which will institute new rules. That makes sense.

The DRBC has also begun a public process to adopt new rules specific to shale gas extraction and development. And they also are considering approving the first natural gas project in their jurisdiction—a water withdrawal by Chesapeake Appalachia for one million gallons of water per day from the West Branch of the Delaware River across from Hancock, NY. The hearing is September 23 in Hawley, PA and they may approve the permit as early as October 22 because they have no moratorium in place while they develop new rules. That doesn’t make sense.

(EDITOR'S NOTE: THE HEARING HAS BEEN POSTPONED). SEE GAS NEWS AT A GLANCE AT riverreporter.com/issues/09-09-17/news-gas.html

Here we are facing the ultimate showdown—a hot-to-trot industry without adequate regulation vs. a healthy Delaware River that provides 17 million people with drinking water and the Catskills at the heart of it. What we need in our corner is a DRBC dedicated to implementing a regulatory structure that will protect what we have so it won’t be degraded by hydraulic fracturing, horizontal drilling and a scorched-earth approach to land management. To accomplish this, the DRBC cannot issue permits while it develops its rules. It cannot parse out bits and pieces of the Delaware River and its watershed while deliberating. It must stop all permits for all natural gas-related projects under its prevue while it proceeds with developing special rules that will prevent harm. That is the only fair and equitable thing to do.

It takes political will and a strong constitution to do the right thing. But if the DRBC fails to meet this challenge, it will fail a far greater test—the confirmation that it is possible to regulate effectively for protection of what is of greatest value despite the awesome pressure to serve the bottom line of powerful special interests.

[Maya K. van Rossum represents the Delaware Riverkeeper Network, a non-profit organization dedicated to the protection of the Delaware River and associated watershed, and Ramsay Adams represents Catskill Mountainkeeper, a group dedicated to preserving and protecting the long-term health of the Catskill Region.]