Winning a battle, not the war

Posted 7/1/15

By Andy Boyar July 1, 2015 — The hopes and prayers of many New Yorkers were answered on Monday, June 29 when our state’s top environmental officer, Joseph Martens, issued a “Findings …

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Winning a battle, not the war

Posted
By Andy Boyar
July 1, 2015

The hopes and prayers of many New Yorkers were answered on Monday, June 29 when our state’s top environmental officer, Joseph Martens, issued a “Findings Statement” putting a fracking prohibition in place.

The best way to fully understand and appreciate the Commissioner’s action would be to read the comprehensive 43-page written decision (see polhudson.lohudblogs.com/2015/06/29). In it, Martens outlines in exquisite detail all of the efforts made to gather input from every source as this issue was vetted over the past seven years.

The public spoke out loud and clear. In our region, 2,500 people attended the 2009 hearings and more than 13,000 written comments were received in addition to those who testified orally. The 2009 revised draft Supplemental Generic Environmental Impact Statement (SGEIS) had 67,000 written comments and the 2011 draft SGEIS had 180,000 comments. It was this overwhelming expression of concern from the public that undoubtedly influenced the Department of Environmental Conservation’s (DEC’s) determination.

The message of the people was so strongly delivered that the commissioner could easily have made the decision not to allow high-volume hydraulic fracturing based on the will of the people of the State of New York alone, but the DEC did more than that in soliciting input from 14 state and federal agencies, the New York City Department of Environmental Protection and the two River Basin Commissions—all in addition to the department’s own analysis of all of the risks as set forth by environmental experts. By itself, that science would have justified the decision to halt fracking in the state. When you take the scientific data and couple it with the avalanche of public concern, you reach the undeniable conclusion that hydraulic fracturing is not suitable for New York.

The significance of this decision cannot be overstated. When Martens signed his name on page 43 of his “Findings Statement,” he not only put his signature on a report cumulating seven years of investigation and findings concluding that fracking is not appropriate for this state at this time, but he simultaneously responded to the directive of a majority of New York residents who expressed their belief that the risks of fracking as currently practiced outweigh the economic benefits and must be avoided.

Today’s decision does not settle the question indefinitely. The decision of the commission will be scrutinized and tested legally, and we can only hope that it will withstand all challenges. Meanwhile, New York State will be watching and learning from the experiences of other states that have allowed fracking, while our Marcellus Shale reserves continue to be contained beneath thousands of feet of bedrock.

Time and experience may prove that there might be a safe way to extract those products from the earth in the future, perhaps with evolved technology, but that day is certainly far in the future. We can learn from the experience of the states now engaging in the process, such as Pennsylvania. And we cannot lose sight of the fact that this decision in New York State is not cast in stone. Any future DEC commissioner may align with industry and reverse today’s decision. The continued vigilance of the people will be required to insure that the fracking ban is not revoked by a future executive order.

A great thank you must go out to all the individuals who took the time to study this issue, to speak up, to attend hearings and to get us to where we are today. A great step was taken to insure the health and safety of future generations. As with any major issue having enormous financial implications, this issue will not go away but will come up again and again, and the public must stand ready and vigilant to protect the health and safety of current and future generations.

[Andy Boyar is the supervisor of the Town of Highland, NY.]

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