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Addressing the Environmental Risks from Shale Gas Development

Addressing the Environmental Risks from Shale Gas Development

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Colorado‘s example provides valuable lessons to o<strong>the</strong>r states pursuing <strong>the</strong>ir own reform of oiland gas regulations. The Wyoming Oil and <strong>Gas</strong> Conservation Commission passed a package ofnew oil and gas drilling rules on June 8, 2010. These rules make Wyoming <strong>the</strong> first state torequire operators to disclose <strong>the</strong> composition and concentration of chemicals used in hydraulicfracturing. 61 O<strong>the</strong>r shale-producing states may soon follow suit. 62New York, a relative newcomer to <strong>the</strong> modern oil and gas industry, has been <strong>the</strong> site of acontentious debate over future development of <strong>the</strong> state‘s gas resources in <strong>the</strong> Marcellus <strong>Shale</strong>.The New York Department of <strong>Environmental</strong> Conservation (NYSDEC) has been charged withupdating rules regulating horizontal drilling and high-volume hydraulic fracturing and iscurrently evaluating public comments on a draft Supplemental Generic <strong>Environmental</strong> ImpactStatement that it released in September 2009. 63 In <strong>the</strong> meantime, 10 bills relating to shale gasdevelopment, including one that would place a moratorium on drilling until 120 days after <strong>the</strong>EPA‘s study of hydraulic fracturing is completed, are making <strong>the</strong>ir way through <strong>the</strong> statelegislature. 64 In neighboring Pennsylvania, where over 564 wells were drilled in <strong>the</strong> Marcellus<strong>Shale</strong> during <strong>the</strong> first half of 2010, Governor Ed Rendell has said that he would sign a bill callingfor a three-year moratorium on new leasing of state forest land for gas exploration whilepotential environmental impacts are studied. 65The experiences of Colorado, Wyoming, Pennsylvania, and New York have demonstrated thatstrong public pressure exists for stricter oversight of <strong>the</strong> oil and gas industry and that stateregulators can and will move forward in streng<strong>the</strong>ning <strong>the</strong>ir own regulations. If <strong>the</strong>y areproduced responsibly, shale gas resources in <strong>the</strong> United States could play a central role inbuilding a low-carbon energy economy. Greater outreach and public education about shale gasdevelopment are clearly necessary to enable <strong>the</strong> many stakeholders engaged in shale gasdevelopment to work toge<strong>the</strong>r to find <strong>the</strong> most effective technological and regulatory solutionsfor developing shale gas resources while protecting <strong>the</strong> environment and public interest.15

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