December 17, 2014

Following the results of two reports that assessed public health risks associated with hydraulic fracturing, New York Governor Andrew Cuomo upheld his state’s moratorium on the practice while Maryland’s outgoing-Governor Martin O’Malley plans to overturn their moratorium, allowing hydraulic fracturing in the state.

Hydraulic fracturing, commonly known as “fracking,” is a well-stimulation technology in which pressurized fluids are injected into preexisting wellbores, opening fractures in the rock usually to release natural gas or petroleum products.                                 

Governor Cuomo’s administration announced on December 17 that it will ban high volume hydraulic fracturing (HVHF), continuing a state moratorium on the extraction method that has been in place since 2008. Although not defined by the New York report, high-volume hydraulic fracturing is defined by the University of Michigan as a “well completion operation that is intended to use a total of more than 100,000 gallons of hydraulic fracturing fluid.”

Acting New York State Health Commissioner Howard Zucker stated that after reviewing health studies on the effects of hydraulic fracturing, his department determined that not enough evidence exists showing that fracking is performed safely. He went on to cite anecdotal reports of adverse effects on air, water, and soil quality, and community health near wells where the technique is used. Industry representatives criticized the New York ban, arguing that hydraulic fracturing is performed on many wells without contamination and citing the jobs and economic growth that its use could bring to the region. Despite the announcement, the ban may be subject to future legal challenges, most notably from property owners who now cannot financially benefit from local drilling.

Conversely, outgoing Maryland Governor Martin O’Malley announced this November that he would lift the state’s current ban on hydraulic fracturing and institute strict regulations instead. Governor O’Malley’s announcement comes after the release of the third installment of a Marcellus Shale Safe Drilling Initiative study. Some environmental groups praised this step, particularly a measure to limit methane emissions, but others objected to opening the state to fracking at all. Industry groups were critical of the regulations, stating that they would be the most rigorous in the country. It remains to be seen what level of regulation Governor-elect Larry Hogan will retain; he has previously expressed support for the technique when it is performed “in an environmentally sensitive way.”

Sources: E&E News, New York Department of Health, the Washington Post