A hydraulic fracturing moratorium was established in Anson County in 2013, in response to public health, safety and environmental concerns for the drilling practice. The moratorium, issued by Anson County commissioners, will expire in two years.
Over the past three years, there have been many developments in North Carolina fracking regulations regarding rules governing the process, landowner and water protections and the state of the Mining and Energy Commission, which was developed to issue fracking permits.
The Anson County Cooperative Extension held a meeting on gas leases and mineral rights April 5 with speaker James Robinson, research and policy associate with Rural Advancement Foundation International – USA. Mr. Robinson gave a legislative update on recent events related to fracking and answered questions from local residents.
Is the moratorium legal? In October 2015, in the final hour of the 2015 legislative session, Senate Bill 119 included a provision to prohibit local governments from adopting regulations or ordinances on the drilling of natural gas, claiming that industry regulatory responsibilities belonged to the state.
Some communities like Chatham, Stokes and Anson counties already had moratoriums in place that could possibly be challenged by the state in the future. Other counties have since followed suit with their own moratoriums, despite SB 119. “In the end, if they are challenged,” Robinson said, “the question of moratorium legality may be a matter for the courts.”
Is fracking occurring in North Carolina now? No. The Mining and Energy Commission, tasked with creating the regulatory structure to govern mineral, gas and oil development and issuing permits to drilling companies, was found to be unconstitutional by the Wake County Superior Court.
The General Assembly has appealed this ruling to the N.C. Supreme Court, which has yet to issue an opinion on the case. Therefore, the current holding remains in effect. The commission is currently prevented from issuing fracking permits.
After Mr. Robinson’s informational meeting, Jim Little, a local resident who does mineral assays and field work through his Wadesboro-based company, Jim Little Enterprises, claimed crude oil has also been found in this region. In the past, Mr. Little said he worked on projects with oil and gas companies past who shared that information with him. He wonders if crude might be another natural resource to be explored.
Current fuel prices are low, which would make exploration and drilling for any hydrocarbons less profitable to companies right now. As markets fluctuate, this may change, but the North Carolina legislature needs to learn the final court decision on the state of the permitting authority before any future permits are issued.
Aimee Colf is an assistant horticulture and forestry agent at the Anson County Cooperative Extension office in Wadesboro.