By DAVID BERTOLA
dbertola@bizjournals.com | 716-541-1621

New York Attorney General Eric Schneiderman is filing a lawsuit today against the federal government for its failure to commit to a full environmental review of proposed regulations that would allow natural gas drilling - including the hydrofracking technique - in the Delaware River Basin. It includes a portion of the New York City watershed and parts of Broome, Chenango, Delaware, Schoharie, Green, Ulster, Orange and Sullivan counties.

According to a statement on the attorney general's website, Schneiderman notified the federal government last month that if it did not commit to conducting an environmental review before the regulations authorizing gas drilling are finalized, he would take legal action to compel such a study.

In April, just one day before a blowout at a Pennsylvania natural gas drilling site caused gallons of chemical-laced water to spill over neighboring land and into a stream, Schneiderman demanded the federal government comply with the National Environmental Policy Act. The act requires federal agencies to conduct a full review of actions that may cause significant environmental impacts.

Despite the legal requirement, the statement continued, the Delaware River Basin Commission - with approval of its supporting federal agencies - proposed regulations allowing natural gas development in the Basin without undertaking any such review.

The New York State Department of Environmental Conservation is studying the environmental impact of horizontal drilling proposals for natural gas-rich Utica and Marcellus Shale formations. The regulatory process involves reviewing all aspects of drilling operations, identifying potential risks and mitigating them through the use of strict permit conditions and other regulatory tools.

In June, the DEC is expected to publish a draft of an environmental-impact statement, which will be followed by a 30-day public-comment period. No permits may be issued prior to completion of a final environmental-impact statement.