Don’t mess with New York. Now, under the National Environmental Policy Act, NEPA, an Environmental Impact Statement is required where federal funds are involved. As reported by Courthouse News

New York State sued five federal agencies in Federal Court, claiming that plans for “natural gas hydrofracking” in the Delaware River Basin could ruin pristine waters that supply more than 9 million New Yorkers with drinking water.

New York’s claims that the Delaware River Basin Commission is a federal agency – an assertion the Army Corps of Engineers denies. [and so] New York demands an environmental impact statement under the National Environmental Policy Act.

I’d say NY is on the right track (but I’m not an attorney). If the Delaware Basin covers more than one state (as I believe it does), then it would seem to have to exist under federal auspices. And no doubt they are getting federal funds, one way or the other.

What’s really good, in  addition to examining environmental effects that include both water and air, an EIS opens up things in requiring consideration of alternatives, such as public transportation and other approaches that obviate the need for basin gas in the first place.


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