West Firm Law bLAWg

Capital District Women’s Bar Association Recognizes The West Firm With Its Carol S. Knox Family Friendly Award

At its June 11, 2009 Installation Dinner, the Capital District Women’s Bar Association presented The West Firm, PLLC with its Carol S. Knox Family Friendly Award.  The Award is named in memory of Carol S. Knox, a longtime member of the CDWBA and devoted mother, who cared passionately about the need to improve family friendliness in the legal profession and spearheaded a project promoting that goal in the Capital District before her untimely death.  In light of this, the Award is given each year to a legal employer in the Capital District who demonstrates a strong commitment to family friendliness by maintaining policies and practices that assist its employees in maintaining balance between their work and family commitments.

The West Firm was enthusiastically and unanimously selected as this year’s award recipient in recognition of the firm’s steadfast commitment to its employees as well as its policies which recognize that the well-being of an attorney and his/her family are an integral part of a meaningful and successful law practice.  The award selection was in response to the nomination package jointly submitted by all of the firm’s female attorneys who credit the firm’s founder, Tom West, with creating and embracing a truly family friendly culture at the firm.  As aptly summarized by the Awards Committee, “the three employees describe a man of true compassion, who, when his employees have faced adversity, has taken extraordinary measures to ensure that they have been able to attend to their personal needs, at considerable sacrifice to himself.  The firm has truly demonstrated a commitment to family friendliness, as embodied by this award.”

State Asset Management Commission Issues Final Report to Governor

On June 1, 2009, the State Asset Management Commission (the "Commission") issued its final report to the Governor. The final report makes 27 recommendations for the development of the State’s assets, following the guiding principles set forth in the Commission’s preliminary report issued in December 2008. The recommendations encompass many areas including education, infrastructure, information technology, underutilized properties, and energy. With regard to the development of the Marcellus Shale, the report recommends:  "Taking into account the significant environmental considerations, the State should study the potential for new private investment in extracting natural gas in the Marcellus Shale on State owned lands, in addition to development on private lands."  

In doing so, the report states:

The Marcellus Shale, a massive natural gas resource that extends northeast from West Virginia, through Pennsylvania to southwestern New York, presents an opportunity for the State to unlock tremendous value.  Depending on the geology, a typical horizontal well in the Marcellus Shale (covering approximately 80 acres) may produce 1.0 to 1.5 bcf (billion cubic feet) of gas cumulatively over the first five years in service.  At a natural gas price of $6 per mcf, a 12.5% royalty could result in royalty income to a landowner of $750,000 to over $1 million over a five year period.

Other energy-related recommendations include the assessment of the potential for siting renewable energy projects, including wind, solar and hydro, on State-owned lands and waterways; the development of a process for installing renewable energy technologies on State facilities; and evaluation of the potential for reducing the energy use and costs of the State’s aging properties, through the implementation ofenergy management strategies.

For a copy of the complete final report, visit the Commission web site at

http://nysamcommission.org/.

For the Executive Summary and the section on Energy, visit The West Firm website at: http://www.westfirmlaw.com/pdf/SAMFINALRPT.pdf.

Governor Releases Program Bill Proposing Severance Tax on Natural Gas

On June 4, Governor Paterson introduced a program bill that would impose a severence tax on natural gas in New York State.  To view the bill, click here.

Delaware River Basin Commission Asserts Authority Over Natural Gas Activities in Shale Formations

Vicki G. Schlierer

On May 19, the Delaware River Basin Commission (“DRBC” or “Commission”) issued a determination that natural gas operators must obtain DRBC approval before commencing any natural gas extraction project located in shale formations within the drainage area of the basin’s Special Protection Waters. 

Commission approval will be required for all shale operations in the basin, “regardless of the amount of water withdrawn or the capacity of domestic sewage treatment facilities accepting fracking wastewater,” according to DRBC Executive Director Carol Collier.   “The commissioners intend to adopt regulations pertaining to the subject matter contained in this determination after public notice and a full opportunity for public comment, but this rulemaking process can be lengthy.  In the meantime, DRBC will apply this determination in combination with its existing regulations.”

For the purposes of this determination, DRBC has defined a natural gas extraction project as the drilling pad upon which a well intended for eventual production is located, all accompanying facilities and related activities, and all locations of water withdrawals used or to be used to supply water to the project.  Wells intended solely for exploratory purposes, without fracing or use for production, are not covered by this determination, however, such wells are subject to state regulation.

Additional information, including the press release and the complete determination, can be found by clicking here.

DEC Revises Dam Safety Regulation Proposal

Vicki G. Schlierer

On May 13, 2009, the New York State Department of Environmental Conservation (NYSDEC) issued a revision to the February 2008 proposed dam safety regulations (6 NYCRR Parts 608, 621 and 673).

 The revisions, in response to extensive public comment, (1) extend the date by which the first Engineering Assessments and Emergency Action Plans are due for some dams, giving dam owners more time to make arrangements for the associated costs; (2) remove an explicit schedule for required Safety Inspections; and (3) Clarify that financial assurance is to cover only the costs of breach or removal, and only if required by NYSDEC as part of an Enhanced Safety Program for dams whose condition is not satisfactory, among other things.  NYSDEC states that the revised regulations better address public safety, help NYSDEC focus on deficient dams, and reward owners of well-maintained dams by lowering the cost of compliance.

 Further information on the proposal can be found on DEC’s web site:

 Summary of Public Comment

http://www.dec.ny.gov/docs/water_pdf/sumaspub.pdf

 Part 608

http://www.dec.ny.gov/regulations/41925.html

 Part 621

http://www.dec.ny.gov/regulations/41942.html

 Part 673

http://www.dec.ny.gov/regulations/41934.html

Comments on the new proposal will be accepted from May 21 through June 19, 2009.  Comments should be addressed to:

Alon Dominitz, PE
Chief, Dam Safety Section
Division of Water
NYS DEC
625 Broadway
Albany, NY 12233-3504
or emailed to: damsregs@gw.dec.state.ny.us (If filing by email, please include "comments on revised dam safety rule making" in the subject line).

 

The Louisiana Department of Natural Resources Releases Economic Impact Report for Haynesville Shale

Yvonne E. Marciano

On May 14, 2009, the Louisiana Department of Natural Resources released an economic impact study prepared by C. Scott & Associates, an economic consulting firm in Baton Rouge. The report focused on the economic impact of the Haynesville Shale deposit in the northwestern part of Louisiana.  The purpose of this report was to capture and measure the direct and indirect effects on the Louisiana economy from the activities of the extraction firms operating in the Haynesville Shale in 2008.  

The following findings were made:

 

·         During the year 2008, the extraction activity of these seven firms generated approximately $2.4 billion in new business sales within the state of Louisiana.

     ·         New business sales in turn created new household earnings for residents of the state.  As a result of these activities, nearly $3.9 billion in household earnings was created in 2008.  

    ·             Including the direct employment of approximately 431 employees and contract workers reported by these seven firms, there was an increase of 32,742 new jobs within the state in 2008.     

 

    ·             Collectively, state and local tax revenues increased by at least $153.3 million in 2008 due to the extraction activities in the Haynesville Shale.

Click here to read the full report.

U.S. Commerce Department Nixes Floating LNG Storage in Long Island Sound

Vicki G. Schlierer

The U. S. Commerce Department has affirmed the New York State Department of State’s prior decision which found the proposal by Broadwater Energy to build and operate a Floating Storage and Regasification Unit (FSRU) for imported Liquefied Natural Gas in the Long Island Sound inconsistent with six Long Island Sound Coastal Management Program policies.  Broadwater is a joint venture between TransCanada and Shell US Gas and Power, formed with the purpose of addressing energy shortages in New York and Connecticut in the area of the Long Island Sound.  

Broadwater had proposed to permanently moor the FSRU in 90 feet of water in Long Island Sound. The facility, 1215 feet long, 200 feet wide and between 75 and 100 feet above the water line, would be located approximately 9 miles north of the Town of Riverhead and about 11 miles from the nearest shoreline in Connecticut.  Because Broadwater’s proposal required approvals from the Federal Energy Regulatory Commission, the U.S. Army Corps of Engineers, and the U.S. Coast Guard, the Department of State was vested with the authority to determine whether the proposed project would be consistent with New York federally-approved Long Island Sound Coastal Management Program which implements New York State’s Coastal Management Program in that special regional area of New York.

Click here for a copy of the Commerce Department’s Decision.

West Firm Secures Victory for Landowners

The West Firm recently secured a victory for landowners in a Lake George community when Warren County Supreme Court judge David Krogmann ordered an oversize house to be reconstructed to meet height limitations.  Read a copy of Judge Krogmann's decision.

West Firm Represents Major Supermarket Chain on Brownfield Project

West Firm founder Tom West attended the recent "Topping Off" ceremony for the new Golub Corporation headquarters building in Schenectady.  The Golub Corporation, which owns Price Chopper Supermarkets, will move its headquarters from Rotterdam to Schenectady when the building is completed.   The new, 240,000-square-foot building will house 1,000 employees and is expected to get gold certification under the Leadership in Energy and Environmental Design program of the U.S. Green Building Council.   The building was constructed on the former "Big N" property under a Brownfield Cleanup Agreement with the New York State Department of Environmental Conservation.  See more photos of the ceremony. 

State Energy Plan Interim Report Now Available

Vicki G. Schlierer

 

The New York State Energy Planning Board has released its interim report on the State Energy Plan.  This report identifies some of the key issues that will be addressed in the State Energy Plan, which is now scheduled to be released as a draft on July 15, 2009 and then in final on October 15, 2009.  The State Energy Planning Board was created by Governor Paterson in 2008 and charged with analyzing a broad range of issues relating to New York’s energy needs, including the reliability of delivery networks for electricity, natural gas and petroleum products and the interrelated effects of New York’s production and use of energy on the State’s economy, environment and transportation systems.  

The Interim Report identifies the following key “challenges” to be addressed in the 2009 State Energy Plan:

1. To reliably meet the State’s immediate and near-term needs for electricity, natural gas and liquid fuels, consistent with public health and environmental standards;

2. To establish a framework for systematic changes to the State’s energy and transportation systems so that future requirements can be met sustainably;

3. To create economic development and employment opportunities through New York’s energy policies and programs;

4. To address the affordability of all forms of energy for the State’s residents and businesses; and

5. To reduce greenhouse gas emissions.

The complete Interim Report can be found at the New York State Energy Plan website.  Comments will be accepted through May 15, 2009 and

may be submitted electronically through the New York State Energy Plan website at http://www.nysenergyplan.com.