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ARTICLE · 18 AUGUST 2025

New York State Seeks Stakeholder Feedback To Inform Closed-Loop Geothermal Drilling Rules

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Last month, the New York State Department of Environmental Conservation (NYSDEC) published an Advanced Notice of Proposed Rule Making (ANPRM) to solicit stakeholder...

United StatesEnvironment
Daniel T. Carlston
Daniel T. Carlston
Sarah Main
Sarah Main
Seth Jaffe
Seth Jaffe
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Last month, the New York State Department of Environmental Conservation (NYSDEC) published an Advanced Notice of Proposed Rule Making (ANPRM) to solicit stakeholder input on future proposed regulations for closed-loop geothermal boreholes and closed-loop stratigraphic test wells drilled deeper than 500 feet.

As we previously discussed, Governor Kathy Hochul signed a law in 2023 exempting closed-loop geothermal boreholes deeper than 500 feet "installed for the purpose of facilitating a geothermal heating or cooling system" from certain regulatory requirements applicable to oil and gas wells that NYSDEC had historically applied to both closed-loop and open-loop geothermal boreholes deeper than 500 feet. In February 2024, Governor Hochul signed legislation (S.8060/A.8565) directing NYSDEC to promulgate regulations no later than December 31, 2024 to address closed-loop geothermal boreholes drilled deeper than 500 feet. A year and a half later, NYSDEC has released an

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