Bylined Articles

New York Plods Ahead in Permitting Shale Drilling

By Stephen L. Teichler, Seth v.d.H. Cooley and Lou Crocco
February 29, 2012
Marcellus Shale Law and Policy Update

The New York State Department of Environmental Conservation recently canceled a meeting of a drilling advisory panel because members are still reviewing more than 40,000 comments received on proposed fracking regulations.

Drilling in the Marcellus Shale requires the recommendations of the advisory panel, whose members include representatives from the energy industry, environmental groups and elected officials. An earlier meeting between the environmental department and the advisory panel was canceled on January 12.

The postponement marks yet another delay in New York's efforts to permit drilling in the Marcellus Shale.

Drilling in the Marcellus Shale began in 2008 in Pennsylvania.

"We're looking at three rules from three different regulatory bodies," said John Holko, president of Lenape Resources, Inc., a natural gas driller based in New York. "One is over 1,500 pages long. They say they'll get through all this by 2012, but realistically, we're into 2013 before we can actually begin drilling."

Stephen L. Teichler practices in the areas of energy law and litigation at Duane Morris LLP. Mr. Teichler has represented major international energy companies in the full spectrum of their legal activities, ranging from appellate proceedings involving administrative rulemaking and adjudications to civil litigation in federal and state district courts. He is currently in the forefront of the restructuring of the electric service industry, representing Regional Transmission Organizations, Independent System Operators and major utilities.

Seth v.d.H. Cooley is chair of Duane Morris LLP's Environmental Law Practice Group. Mr. Cooley represents clients in environmental matters arising under an array of federal and state programs including the federal Clean Air Act, Superfund, Clean Water Act, and Resource Conservation, Recovery Act and Oil and Gas programs. For more than 20 years Mr. Cooley has handled major matters for clients in the manufacturing, service, and financial sectors in environmental litigation, regulatory, and transactional matters.

Lou Crocco, Esq., is a Senior Director of Duane Morris Government Strategies. Mr. Crocco has more than seven years of experience as a lobbyist-consultant and advises clients on environmental, energy and business development issues. He resides in Western Pennsylvania in the heart of the Marcellus Shale Play.

Disclaimer: This article is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this article are those of the authors and do not necessarily reflect the views of the authors' law firm or its individual partners.