November 2, 2009

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We update you every other week with tidbits and observations carefully gleaned from the halls of the Capitol.

DRILLER BACKS OFF "FRACKING" PLANS DUE TO NEW YORK STYLE HEADACHES
Last week Chesapeake Energy Corporation announced that the company will not drill for natural gas within the upstate New York region that supplies drinking water to millions of New York City residents. According to the New York Times, the company’s CEO said of the decision, “Why go through the brain damage of that, when we have so many other opportunities?”

We don’t think the announcement is cause for celebration. Chesapeake’s pledge is not legally enforceable and provides no guarantees.

And it’s possible the company’s action is just an attempt to “greenwash” Chesapeake for New Yorkers, while keeping the driller open to hydraulic fracturing (known as fracking) outside of the New York City watershed after the current storm of controversy around such drilling has died down. 

New York’s watersheds deserve better than a five-year pledge from a single company. All of the State’s drinking water and every one of our communities must be protected from the dangers of fracking. To protect New York’s water resources, we’re calling on the Department of Environmental Conservation to protect all of our watersheds, not just one.

Read more here.

And here.

Read our statement here.

WIN FOR NEW YORK STATE ENVIROS, LOSS FOR ALBANY PINE BUSH 
A coalition of environmental groups, led by Save the Pine Bush trying to stop plans to build a hotel adjacent to Albany’s inland Pine Barrens got part of what they wanted in a recent ruling from New York State’s highest court. The groups won a right to sue that could help environmental groups statewide. However, they lost the challenge to block the development of the hotel.

On the bright side, the court also ruled that Save the Pine Bush had the right to sue, known as “standing,” counter to the City’s argument that only the project’s neighbors have standing. This ruling could make it easier for environmental groups across New York State to go to court when governments do a sloppy job of accessing environmental impacts. And that’s a very good thing.

Read more in the Times Union.

BOTTLED WATER DEPOSITS IN EFFECT
Environmental and community groups celebrated Halloween a little differently this year. On October 31^st, “Bottle Bill” supporters marked the moment when New York’s 5-cent beverage container deposit law was expanded to include water bottles. 

Enacted in 1982, the original Bottle Bill is the State’s most effective recycling program, with an average return rate of 70 percent. The law was updated in the 2009-2010 New York State Budget; but a lawsuit filed by representatives of the bottled water industry prevented the law from going into effect back in April.

Of the 11 states with container deposit laws, New York is the sixth to include water bottles. Maine, Hawaii, and California require deposits on all non-carbonated beverages.  Oregon began collecting such deposits in January, and Connecticut’s bottled water expansion went into effect last month.

Read more here.

And here,  here, and here.

FOR YOUR CONSIDERATION: ADIRONDACK RIGHT OF WAY
When you’re in the privacy of the voting booth tomorrow, you’ll see a referendum to amend the New York State Constitution. We’ll cut through all the legal mumbo jumbo, here’s what it means:

Constitutional amendments are required to lease, sell or exchange forest preserve lands. The amendment would allow for the transfer of six acres of forest preserve lands to National Grid in exchange for 10 acres, or more, to be added to the forest preserve elsewhere in St. Lawrence County.

The land swap will allow National Grid to construct a 46kV power transmission line along State Route 56. The lands to be acquired are adjacent to the existing right-of-way for the county road and would slightly enlarge it.  

If the constitution is not amended to allow this land transfer, National Grid has already received ap­proval for an alternative plan that would allow the company to construct the power line in a manner much more disturbing to the Adirondacks.

Environmental Advocates of New York supported the legislation that put the amendment on the ballot this year.   

SAVE THE DATE   
Join us on Tuesday, November 10^th at our annual Advocate Awards gala to celebrate our 40th anniversary. Our 2009 honorees are climate change pioneer Carter Bales, sustainable cities hero Andrew Darrell and Lieutenant Governor and mass transit advocate Richard Ravitch. Please contact Peggy Fandrich at mfandrich@eany.org or (518) 462-5526 ext. 236 if you’d like more information. Or click here to purchase tickets.

CLEAN ENERGY FUNDS RAID UPDATE
Since Governor Paterson announced his proposal to raid New York’s clean energy and energy efficiency funds as part of plans to reduce the state’s deficit, environmental and energy groups have been hard at work making the case to protect the funds to lawmakers. The Governor’s Deficit Reduction Plan must be approved by the State Legislature before it goes into effect.

These efforts have included one-on-one meetings with state legislative leaders, and hundreds of letters, emails and phone calls from our members across the state (click here to send a letter to Senate Conference Leader John Sampson and Assembly Speaker Shelly Silver).

Opposition to the clean energy fund raid is growing. More than 20 groups have signed on to a letter to state leaders, citing the Governor’s contradictory statements on the use of New York’s clean energy and efficiency funds, which are generated by the auction of global warming pollution allowances as part of the Regional Greenhouse Gas Initiative. The regional climate program is the 10-state plan to reduce climate-altering pollution from power plants.

The State Senate and Assembly held budget hearings last week to discuss the Governor’s proposal, but nothing’s certain yet. We’ll let you know what happens next.    
 

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