Quick Action Guide

New York's Fracking Prohibition Has More Holes Than Swiss Cheese

It is now beyond dispute that Governor Cuomo has not kept his word to prohibit all types of high-volume hydraulic fracturing in New York.

The "fine print" of New York's shale fracking prohibition reveals more holes than Swiss cheese. As a result, Marcellus Shale fracking using "gelled propane" could be permitted literally any day in Barton, NY. Due to the unclear and complex wording of the high-volume hydraulic fracturing prohibition adopted on June 29th, it is not certain that any shale fracking would actually be banned in New York.

What You Can Do

1. Become a signatory to the New Coalition Letter and beat the bushes for more signatories: http://toxicstargeting.com/MarcellusShale/letters/2015/9/24/coalition-letter-supplemental-findings-statement

2. Call Governor Cuomo during business hours at 518 474 8390.

Demand that DEC to issue a Supplemental Findings Statement to prohibit all types of shale fracking in New York.

Demand that the Governor totally prohibit all types of hydraulic fracturing, including "gelled propane" or Liquefied Petroleum Gas, carbon dioxide and nitrogen foam. NO FRACKING METHODS MUST BE EXEMPTED FROM THE PROHIBITION.

Demand that the Governor fulfill the promise in the Findings Statement that: DEC " will not establish a high-volume hydraulic fracturing permitting program; that no individual or site-specific permit applications for wells using high-volume hydraulic fracturing will be processed; and that high-volume hydraulic fracturing will be prohibited in New York State."

Feel free to read the proposed Amended Supplemental Findings Statement below to the Governor's associates or include it an email: https://www.governor.ny.gov/contact

Proposed Amended Supplemental Findings Statement

New language in bold.

"High-volume hydraulic fracturing is defined as the stimulation of a well using 5,000 [300,000] or more gallons of water or any other substances as the base fluid for hydraulic fracturing for any [all] stage[s]in a well completion, regardless of whether the well is vertical or directional, including horizontal, in Marcellus Shale and other low-permeability gas reservoirs. The 5,000 [300,000]-gallon threshold is the sum of all water or any other substances, fresh and recycled, used for any [all] stage[s] in a well completion. Well stimulation requiring less than 5,000 [300,000] gallons of water or any other substances as the base fluid for hydraulic fracturing for any [all] stage[s] in a well completion is not considered high-volume, and will continue to be reviewed and permitted pursuant to the 1992 GEIS, and 1992 and 1993 Findings Statements, but not for Marcellus Shale and other low-permeability gas reservoirs."

See original text of the HVHF prohibition at the bottom of PDF page three: http://www.dec.ny.gov/docs/materials_minerals_pdf/findingstatehvhf62015.pdf

3. Persuade Big Green and all anti-fracker groups and leaders to become signatories even though they will likely try to offer lame excuses why there is no need to worry despite recent front-page coverage of proposed "gelled propane" Marcellus Shale fracking.

If groups and leaders refuse to call for the loopholes in New York's shale fracking prohibition to be closed, you can crank up the heat. Promise that you will hold them accountable. Tell them that you will a) tear up your membership card, b) halt annual dues and all other financial contributions, c) resign from boards, d) refuse to host events and d) pledge to ding grant proposals.

In short, play hardball. That should help close the Fractivist ranks.