Fracking Redux Monday, December 14, 2015

Transcription

1 Fracking Redux Monday, December 14, 2015 Aerial view of the Jonah natural gas field, upper Green River Valley, Wyoming. (Photo by Peter Aengst, 2001.) 1

2 Our Speakers Erica Levine Powers Affiliated Scholar, Department of Geography & Planning, University at Albany (SUNY) Sorell E. Negro Robinson & Cole LLP 2

3 And Your Co-Hosts Prof. Daniel R. Mandelker, FAICP Washington University School of Law Dwight Merriam, FAICP Robinson & Cole LLP 3

4 The Drilling Process

5 Conventional and Non-Conventional Natural Gas Extraction Methodologies

6 Community Impacts Jobs Development Trucks/Traffic Population surge Housing prices and stock Less affordable housing Strains on local government and public services

7 Man Camps Natural Gas Well Pad, Pinedale Anticline, WY Photo by Richard Waite, 2008 Outside Williston, ND Photo by Ben Garvin, Reuters

8 Health Impacts Human health impacts: o Respiratory conditions o Birth defects o Cancer rates Impact on farm animals Impact on the food chain 8

9 Health Impacts, Cont d In some states Frack water is saved in open pits and even reused [ recycled ] 9

10 Impoundment with Aerators and Drill Site near Hickory, PA

11 OSHA Issues for Site Workers 11

12 Recycling Wastewater 12

13 To Ban or Not To Ban? 13

14 Preemption: State vs Local New York: Wallach v. Town of Dryden, 16 N.E.3d 1188 (N.Y.2014) Express preemption language required; home rule power upheld. Pennsylvania: Robinson Tp., Washington County v. Com., 623 Pa. 564, 83 A. 3d 901 (2013). Act 13 was unconstitutionally overbroad in requiring all municipalities to allow fracturing in all zones, including residential; Pennsylvania has a constitutional provision for protection of environment for Future generations. Ohio: State ex rel. Morrison v. Beck Energy Corp., 2015-Ohio-485, 2015 WL (Ohio 2015). State preemption of local zoning upheld, 4-3, with language limiting the decision to facts of case, including wording of ordinance. 14

15 The Power of Local Governments Zoning Setbacks Noise/light/vibration ordinances Traffic rules/ordinances Financial assurances or responsibility provisions 15

16 Planning for the Boom and Bust Cycle Photo by Kathy Weiser Examine tax revenues and expenditures Project future financial needs Consider: Diversifying your economy Adaptive reuse Saving 16

17 What about Federal Laws? There is no federal regulation per se of high volume lateral hydraulic fracturing for oil and gas. The Environmental Protection Agency and the federal Department of Energy have separate mandates and implement separate policies. Federal environmental laws each have a mandate, such as Clean Air, Clean Water, and Safe Drinking Water. Some federal environmental laws, such as NEPA, are carried out by the states. Some federal agencies, such as FERC, regulate infrastructure for midstream activities that bring gas to consumers pipelines, compressor stations. Other federal agencies regulate railroads, for example regulating the design of railroad cars that carry combustible materials such as oil from the Bakken shale in North Dakota. 17

18 Lessons from the Sage Grouse 18

19 Questions and Answers 19

20 Thank you! If you have further questions or comments, please feel free to contact us: Erica Levine Powers Sorell E. Negro 20