What happens next with America’s natural gas revolution depends in part on the regulatory ambitions of a multi-state government commission and its relationship with environmental activists.
In May 2010, the Delaware River Basin Commission, headquartered in West Trenton, New Jersey, imposed what is best described as a de-facto ban on the process of hydraulic fracturing in parts of Pennsylvania and New York. The commission lists three main concerns it has with natural gas drilling exercises that relate to water quality. Since the ban went into effect, the commission has released draft regulations to govern hydraulic fracturing in the Delaware River Basin.
Environmental activists and their allies in government have predictably said the regulations do not go far enough. There have been thousands of public comments submitted to the commission, but the process appears very weighted toward green groups working to block any future natural gas development in Pennsylvania.
Tom Shepstone, who operates the Natural Gas Now blog on behalf of his research firm, has described the DRBC hearings on its proposed regulations as a “sham.” He gets the impression the hearings are just for show, and that the commissioners are already set on a course to block drilling wherever they can.
In June, the DRBC held what media reports call a “public meeting” at the West Trenton Fire Company Hall. But the meeting was dominated by people involved with environmental groups. In fact, the average resident doesn’t seem to have much of a voice at all with the DRBC.
That’s unfortunate, because it’s the regular citizens residing in the Delaware River Basin who stand to benefit from continued development of Marcellus Shale, which cuts across a significant portion of Pennsylvania. Recent figures show that the economic benefits attached innovative drilling techniques making it possible to access natural gas are now exceeding expectations.
The American Petroleum Institute, for instance, in a recent study concluded that the natural gas industry is contributing almost $35 billion to Pennsylvania’s economy. Meanwhile, another report finds that the state’s oil and gas industry is supporting about 340,000 jobs.
Moreover, a growing body of evidence shows not only that hydraulic fracturing in the Marcellus Shale is safe and effective, but that water quality is actually improving. DRBC commissioners who are ostensibly operating in the public interest ought to take a hard look at these recent studies. They would also do well to peruse the list of “10 Fast Facts” the Marcellus Shale Coalition has put out highlighting the economic and environmental benefits of natural gas development.
So why don’t they?
Open records requests to the DRBC show that it is closely tied in with the Delaware Riverkeeper, a nonprofit based in Bristol, Pennsylvania. Shepstone, who is familiar with the FOIA results, informed lawmakers in Harrisburg during recent testimony that the commission “has stacked almost all its committees with representatives of the Delaware Riverkeeper, a special interest anti-gas advocacy group that sued it over gas drilling issues.”
FOIA results also show that the DRBC has received funding from the William Penn Foundation, based in Philadelphia, which has also provided funding to the Delaware Riverkeeper. What are the implications of these political and financial relationships? Shepstone doesn’t hold back.
Here’s what he said in an interview:
The foundation’s website shows that it donated $530,000 to the DRBC in 2019 and about $1.4 million to the Delaware Riverkeeper in 2017. Based on the FOIA results, Shepstone also finds that the environmental group “continues to coordinate activity behind the scenes” under the DRBC’s current leadership.
But the jig may be up. Just over a year ago, the 3rd Circuit Court of Appeals overturned a lower court’s decision to dismiss a legal challenge from landowners in Wayne County against the DRBC’s 2010 moratorium. The federal court strongly suggested that the DRBC has overstepped its authority. Let’s hope the case is a game changer.
Kevin Mooney (@KevinMooneyDC) is a contributor to the Washington Examiner‘s Beltway Confidential blog. He is an investigative reporter in Washington, D.C. who writes for several national publications.
