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New York suit to review fracking rebuffed

ALBANY, N.Y. — A federal judge has rejected state Attorney General Eric Schneiderman's lawsuit seeking to force a full environmental review before the Delaware River Basin Commission allows natural-gas drilling in a watershed that provides drinking water for millions of New Yorkers.

US District Court Judge Nicholas Garaufis in Brooklyn ruled Monday in favor of the Army Corps of Engineers, the Environmental Protection Agency, and other federal agencies. He said the lawsuit filed last year by Schneiderman was speculative because the commission has not adopted final regulations yet.

Garaufis noted that there will be plenty of time to file lawsuits after the regulations are adopted.

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Schneiderman said Tuesday that he is pleased the ruling left the door open for legal action at a later date. ''This office will continue to review all options moving forward to ensure that the federal government meets its clear legal obligation to fully study the potential risks to New Yorkers' health, environment, and public safety before allowing fracking in the Delaware River Basin,'' Schneiderman said in a statement.

A moratorium is in effect in the Delaware River Basin while the commission establishes regulations for high-volume hydraulic fracturing, or fracking. The commission, composed of representatives from New York, New Jersey, Pennsylvania, Delaware, and the federal government, released draft regulations last year. A special meeting to vote on the regulations in November was postponed to allow more time for review, and no new date has been set.

The commission regulates water use in a 13,539-square-mile area that supplies drinking water to 15 million people, including Philadelphia and half the population of New York City.

About 36 percent of the watershed is in the Marcellus Shale region, a gas-rich area that extends from southern New York to Pennsylvania, eastern Ohio, and West Virginia.

Gas is being extracted in parts of the Marcellus Shale using horizontal drilling and fracking, which uses a mix of water, sand, and chemicals to crack the shale thousands of feet underground. The commission has identified three major areas of concern over fracking: stream flow and aquifers may be affected by huge water withdrawals; drilling operations may pollute ground or surface water; and millions of gallons of waste water will have to be disposed of properly.

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New York has kept fracking on hold since 2008 while it completes a massive environmental review that is expected to be finished later this year. Its proposed regulations would ban drilling in the watersheds of New York City and Syracuse.

Associated Press