

16 Nevertheless, the report claimed that existing information was sufficient to conclude that HVHF has resulted in environmental impacts that are “potentially adverse to the public health.” 17īased on the DOH report and recommendation, the DEC published the final SGEIS in May 2015 18 and issued a Findings Statement banning HVHF in New York in June 2015. In December 2014, the DOH finally concluded its study, releasing its report entitled “A Public Health Review of High-Volume Hydraulic Fracturing for Shale Gas Development.” 15 The report recommended that HVHF not proceed in the State at this time because the available information was insufficient to assess the risks involved. 13 In the meantime, the DEC released revised proposed regulations for hydraulic fracturing in November 2012. 11 Significant comments were received on the Revised Draft SGEIS, 12 and the DEC filed for a 90-day extension from its November 2012 deadline to develop regulations to allow State Department of Health (DOH) Commissioner Nirav Shah and his team to complete their assessment of the health effects of hydraulic fracturing. 10 The Department released a “Revised Draft SGEIS” in 2011, accompanied by proposed rules regarding HVHF that address well permitting, siting, construction and operation, recordkeeping, and waste management and reclamation. 8 The DEC released an initial draft SGEIS in September 2009, 9 and, following a large volume of public comments, performed an additional review of the environmental impacts associated with HVHF. 7 While the DEC worked on the SGEIS, it did not authorize any drilling permit applications for horizontal wells using HVHF, resulting in a de facto moratorium. 6 The DEC determined in 2008 that a Supplemental Generic Environmental Impact Statement (SGEIS) was necessary to assess the environmental impacts resulting from horizontal drilling and high-volume hydraulic fracturing (HVHF). The New York State Department of Environmental Conservation (DEC or the Department) is the state agency charged with implementing the oil and gas exploration and production regulatory program in the State.

4 Most recently, in April of 2020, New York codified a permanent ban on hydraulic fracturing in the Fiscal 2021 State budget, prohibiting the Department of Environmental Conservation from approving permits that would authorize an applicant to drill, deepen, plug back or convert wells that use high-volume hydraulic fracturing as a means to complete or recomplete a well. 3 This de facto moratorium turned into an outright ban in June of 2015. Although the Marcellus and Utica shale plays at the center of the shale gas development boom extend well into New York, 1 and the State maintains an established regulatory program for oil and gas exploration and production operations, 2 hydraulic fracturing had been the subject of a de facto moratorium in New York since 2008.
