Paul
Bohn, Esq.
On the
heels of the State of New York’s banning of hydraulic fracturing, debate on the
practice is now percolating in Michigan. New York, which has had a moratorium
on the practice since 2008, now joins Vermont as the only states to completely
ban hydraulic fracturing, commonly known as “fracking.”
The
Michigan Department of Environmental Quality (MDEQ) is set to draft rules in
April to regulate the industry. These new rules will reportedly include
provisions to limit a local government’s ability to pass zoning ordinances to
prevent fracking.
In
2014, MDEQ also introduced a new draft of proposed Hydraulic Fracturing Rules. Interested
readers can find that draft at: http://www7.dleg.state.mi.us/orr/Files/ORR/1298_2013-101EQ_orr-draft.pdf
The
move by New York to ban fracking is sure to embolden anti-fracking activists,
while at the same time signal the pro-fracking lobby to dig in their heels in
other states – including Michigan. New York Governor Andrew Cuomo said the
issue was “probably the most emotionally charged issue I have experienced…”
The
oil and gas industry in New York had their hopes shot down by the decision, as
New York sits atop one of the largest natural gas deposits in the United
States. Some energy companies have leased land in those areas and have been
waiting for years to tap into those thousands of acres of land. And the wait
will go on.
Michigan,
too, has a sizeable natural gas supply. In-state natural gas represents about
20% of the total gas consumed in Michigan. And MDEQ notes in a one page
briefing document on their website that fracking has been in regular use in
Michigan since 1952, with no adverse effects to the state’s environment from
the process. You can check out MDEQ’s “Five facts about Hydraulic Fracturing”
here:
However,
a group in Michigan, known as The Committee to Ban Fracking in Michigan, begs
to differ. They hailed the decision out of New York. Also, with the abysmal
turnout in this past election, the bar for getting a ballot proposal put on the
2016 ticket is far lower. For 2016, only 252,522 signatures are required to
send a question to the Michigan voters, and the anti-fracking group is eyeing
to do just that.
The
group alleges that the industry has indeed been harmful to the Michigan
environment, including wasting fresh water resources, putting aquifers in
danger, and the introduction of harmful fracking wastes and radioactive
materials. The group’s campaign, LetsBanFracking.org, hopes that the New York decision
emboldens potential donors and volunteers.
So
stay tuned for 2015 – fracking has been on the top of many an insider’s list of
hot-button issues to watch. And if New York is any indication, it seems that
will come to fruition.
Paul Bohn, partner at Fausone Bohn, LLP,
has established a strong reputation in Michigan as a leading practitioner in
the areas of environmental law, real estate, municipal regulations and
construction law.
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