Closes Loophole in State's Existing Ban

New York State has expanded its landmark fracking ban to include the use of carbon dioxide.

Governor Kathy Hochul signed the bill (A8866/58357) into law on December 21, closing a loophole in the state's existing hydraulic fracturing ban and addressing new threats posed by the fossil fuel industry's evolving extraction methods.

"This is a significant win for our region and state, protecting our environment, our water, and the health of our communities from the harmful and uncertain impacts of CO2 fracking," said State Senator Lea Webb, a co-sponsor of the bill.

Assemblymember Anna Kelles introduced the legislation, which was passed by the legislature in March. It prohibits drilling and fracking for natural gas and oil using supercritical CO2, a pressurized form of the gas. Advocates and lawmakers argued that CO2 fracking poses risks similar to those of water-based fracking, which New York banned in 2014, while introducing additional environmental and health hazards.

Kelles said the original law only addressed water-based methods, leaving the door open to alternative technologies like CO2 fracking.

"We must stay ahead of the fossil fuel industry's attempts to exploit loopholes in our laws," she said. "This bill ensures that CO2 fracking—a method fraught with risks—is never allowed to take hold in New York." Kelles added, "This was a time-sensitive issue since a company was already pursuing leases to begin CO2 fracking in New York. By passing this bill, we've prevented a disaster before it could start."

The ban aligns with New York's broader climate goals under the Climate Leadership and Community Protection Act (CLCPA), which mandates a significant reduction in greenhouse gas emissions by 2050. This includes methane emissions, which have increased in New York since 2019 as the state has increased its reliance on natural gas piped in from fracking plants in Pennsylvania.

According to a United Nations report, methane is around 80 times more effective at trapping heat than CO2 over a 20-year period.

Despite the expanded ban, some fracking methods remain unaddressed by New York's laws. These include oil-based and foam-based fracking methods, which are typically used in formations with specific geological conditions.

"While these other methods are less common and not currently in use in New York, we must remain vigilant," said Kelles. "The fossil fuel industry is resourceful, and we need to continue refining our policies to protect public health and the environment."

- Matt Dougherty, Ithaca Times, 12/31/24