Battle lines drawn over drilling in Delaware watershed

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Battle lines drawn over drilling in Delaware watershed

BY STEVE MCCONNELL (STAFF WRITER)
Published: September 18, 2010

The battle lines among pro and anti-natural gas drilling groups are being drawn in the Delaware River watershed amid the development of new regulations by an obscure federal-interstate agency that has jurisdiction over the industry and has put the clamps on it.

Both groups have been firing salvos recently hoping to shape gas drilling policy here, a 13,539-square mile area draining into the Delaware River that has been mostly off-limits to gas drilling including a ban on producing gas wells enacted in May.

But environmentalists were dealt a major blow Wednesday to convince the Delaware River Basin Commission to conduct an cumulative impact study of natural gas drilling.

Seventy-seven organizations issued a joint letter to the commission, a five member-board that manages water resources in the four-state area, urging them to vote at their Wednesday meeting in West Trenton, N.J. to undertake the substantial environmental study prior to adopting new natural gas regulations.

That request, however, never came to fruition – giving pro-drillers some relief because it would have extended the drilling moratorium that is in place while the commission develops its regulations, a process that began this year.

Peter Wynne, a spokesman for the Northern Wayne Property Owners Alliance, a landowners group that has secured at least 80,000 acres in Wayne County for gas development, said Thursday it is not sensible to conduct a major environmental study before even knowing if there is a viable Marcellus Shale gas reserve in the watershed.

“The whole think would be an exercise in futility,” said Wynne, whose group signed a land lease agreement late last year with Newfield Exploration Company and Hess Corp.

Tracy Carluccio, deputy director of Delaware Riverkeeper Network, said the commission’s lack of action on the study was a considerable setback, however, since the commission could use it to create effective regulations to protect the watershed.

“We really can’t develop regulations that would prevent pollution” without the study, Carluccio said. “You can’t develop regulations in a vacuum. We know it’s not safe now.”

Carluccio and other environmentalists remain concerned that a massive, industry-scale gas drilling operation could cause irreparable damage to the watershed and the Delaware River, which is part of the U.S. National Wild and Scenic Rivers System, home to the Delaware Water Gap National Recreation Area, and provides drinking water to an estimated 15 million people.

A U.S. House subcommittee has appropriated $1 million for the study, conducted by the U.S. Geological Survey and limited to the watershed. If and when that money will be available is not known.

Commmission spokesman Clarke Rupert said that even if such a study is funded today, “it could still be several years before final results … are known.”

The commission will move ahead with developing and adopting draft regulations regardless of whether the study is or is not done, he added.

Meanwhile, draft regulations – which were expected to be finished this month by commission staff – have been pushed back to mid-October.

Industry opponents had also asked the commission to halt exploratory well drilling – four wells are either in development or have been drilled in Wayne County – until the new regulations are put in place.

The commission denied the request by vote Wednesday.

The matter will, however, go before a retired federal U.S. district court judge in December who will make a recommendation whether the agency should regulate these wells before its gas rules are adopted or be included in the current moratorium.

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