An administrative law judge has rejected a petition from Advocates for Cherry Valley to rescind permission for hydrofracking a natural gas well in the town.
In May, the group, through its attorney, Peter Henner, asked the state Department of Environmental Conservation to either grant a hearing, or make a declaratory ruling, that state permission granted last year to hydrofrack the Sheckells 1 well in Cherry Valley requires further review.
"We don't believe the DEC should be relying on the 1992 GEIS to allow hydrofracking in a well years later," Henner said in May.
Instead, the agency should have conducted a "site-specific" review of how hydrofracking -- the injection of water, sand and chemicals into gas wells to stimulate production -- would affect the area around the Sheckells 1 well on Irish Hollow Road, Henner said.
The request was rejected June 13 by Administrative Law Judge James T. McClymonds, who wrote: "Petitioner's request for an adjudicatory hearing to address its objections concerning the SEQRA review undertaken in connection with the Department's September 2010 approval of hydrofracturing operations for the Sheckells 1 well is denied."
The DEC regulation about hydrofracking permits does not rise to a level that would require a mandatory review, the judge wrote.
"In this case, the challenged approval is not designated as an order of the Department under Article 23 (environmental law governing gas wells). This is in contrast to other agency approvals, such as spacing orders and compulsory integration orders, that are specifically identified as "orders" under Article 23.
"Nor is the approval here a rule or regulation adopted pursuant to Article 23. Thus, section 23-0305 does not mandate a hearing for the September 2010 approval," he wrote in a decision dated June 13.
McClymonds also questioned the Advocates' standing to compel a hearing or ruling, writing:
"Finally, an administrative hearing prior to agency action may also be required by due process, even when a statute or regulation does not otherwise expressly require a hearing. ... Where the exercise of a statutory power adversely affects property rights, the requirement of notice and hearing may be implied, even where the statute is silent. ...
"Here, however, as a party without mineral interests in the subject well, petitioner has not identified any interest for which due process would require an adjudicatory hearing. Accordingly, petitioner's request for an adjudicatory hearing should be denied."
The Sheckells 1 well was permitted in 2007 by Covalent Energy Inc., a firm that subsequently transferred interest in the project to Gastem USA.
Henner could not be reached by telephone Wednesday or Thursday. Orville Cole, president of Gastem USA, did not reply to an emailed request for comment Thursday afternoon.
https://thedailystar.com/localnews/x999477339/Attempt-to-ban-fracking-at-well-rejected