Fracking has existed as a method of extraction in shale deposits in Texas, Colorado and Wyoming prior to reaching the northeast. These states previously faced similar scrutiny, followed by research, change in drilling technique, and proper regulation. In the northeast, New York implemented a four year moratorium in 2008 on fracking, while neighboring Pennsylvania has allowed the process to continue. As a result, on February 14, 2012, Pennsylvania passed Act 13, which sets forth regulations on the extraction process. The main components of the regulation include an “unconventional gas well” impact fee, environmental regulations, and disclosure of chemicals used in the process. The law was modeled after Colorado state law; an act hailed by environmentalist groups.
New York must lift its moratorium and enact legislation that permits and regulates the fracking process. Act 13 should be utilized as a model for their legislation; however possible additions and development of the law should be included. Additions to the law will protect upstate watersheds, generate extensive revenues based on the amount of gas extracted, provide for continued research, and a tax exemption for producer in the state that will ultimately lead to a cleaner New York.