Tumultuous SGEIS Week/Urgent Action Alert

Greetings,

Tumultuous Marcellus Shale gas events have been underway since I last communicated with you. As you will see, we could all be in for a highly demanding "couple of months."

2/6/12: NYT Article: Approval Process Has Slowed Considerably

First and foremost, it is now unclear whether Marcellus Shale drilling permits will or will not be issued in 2012. A week ago Monday, The New York Times reported that shale gas regulatory events were unfolding slowly: http://www.nytimes.com/2012/02/07/nyregion/in-albany-a-decision-on-natur...

Please note that State Senator Libous took a totally non-committal position in that article only days after being greeted by NYRAD and getting barraged by calls and emails requesting that he sign the Withdraw the SGEIS coalition letter as well as the de facto moratorium pledge. Bravo for all your hard work.

2/7/12: Martens Says Limited Number of Permits "Conceivable" in 2012

The next day, DEC Commissioner Martens testified at a Legislative Budget hearing that it was "conceivable" that a very limited number of Marcellus Shale permits could be issued in 2012. That story got considerable coverage because it contradicted earlier reports: http://www.pressconnects.com/article/20120207/NEWS01/202070376/DEC-Some-...

Cuomo: Decision Reportedly Imminent

The very next day, Governor Cuomo said during an editorial board visit in Syracuse that a shale gas decision would be made in a "couple of months."

You can listen to the audio of that meeting. The SGEIS discussion begins at 30:15: http://www.syracuse.com/news/index.ssf/2012/02/cuomo_hydrofracking_decis...

Also see: http://www.theithacajournal.com/article/20120208/NEWS01/202080339/Cuomo-...|newswell|text|Marcellus%20Shale|p

The Governor sounds intent that a Final SGEIS decision will be made in a ludicrously short period of time. It strains credulity that DEC and its consultant could review tens of thousands of detailed comments in any meaningful way. For example, the coalition letter to Withdraw the Revised Draft SGEIS references nearly 700 pages of documentation. Governor Cuomo's statement calls into question the integrity of DEC's review.

The Bottom Line

We could have precious little time to bring maximum pressure to bear on Governor Cuomo to Withdraw the Revised Draft SGEIS and to address its inadequacies before allowing horizontal hydrofracturing to proceed in New York. Every hour, day and week from now on could be critical.

Ironically, the shale gas boom could be going bust. That is why it is imperative to hold off horizontal hydrofracturing in New York until these matters shake out. See: http://www.theithacajournal.com/article/20120123/NEWS01/120123016/Chesap... and http://www.forbes.com/sites/christopherhelman/2012/02/13/chesapeake-ener...

Hydrofracturing Advisory Panel

It is obvious from the Governor's comments that the Hydrofracturing Advisory Panel plays an important role. Those members must be held accountable for making sure that New Yorkers are safeguarded from horizontal hydrofracturing hazards.

Not one member has signed the de facto moratorium pledge or the Withdraw the Revised Draft SGEIS coalition letter. That speaks volumes about environmentalists' unwillingness to stand up to Governor Cuomo.

It is imperative to prevent the Hydrofracturing Advisory Panel from endorsing proposals that are fundamentally unfair or ineffective.

The members received nearly 1,000 emails and calls last week. Keep pushing. Be imaginative. Be firm. Accept no excuses. Lean hard.

NRDC's Written Responses

Various staff of the Natural Resources Defense Council wrote to defend the refusal of Kate Sinding, Eric Goldstein and Robert F. Kennedy, Jr. to sign either the de facto moratorium pledge or the Withdraw the Revised Draft SGEIS coalition letter.

Kate Sinding wrote "there is no practical difference between what we have asked DEC to do in our comments and our public statements and what you are asking us to sign, other than that the latter was penned by you."

Eric Goldstein wrote to deny that NRDC "endorsed" either a "demonstration project" or a "special places" alternative.

Their written responses are presented for your review: http://www.toxicstargeting.com/node/30742

Regarding Ms. Sinding's claim, I beg to disagree. NRDC has never specifically requested that Governor Cuomo maintain the de facto horizontal hydrofracturing moratorium until all the critical concerns spelled out in the coalition letter are fully resolved. That is why she and the other Panel members are requested to sign the de facto moratorium pledge.

NRDC submitted a huge laundry list of concerns to DEC. Many of those concerns were brought to DEC's attention in 2009 and were not addressed by the Revised Draft SGEIS. There is little reason to believe that those matters would be resolved if DEC adopts a Final SGEIS.

Second, NRDC spelled out in extraordinary detail the "demonstration project" and "special places off-limits to drilling" alternatives that it wrote "can and should be fully evaluated..." It is disingenuous to suggest that NRDC was merely noting that the analysis of alternatives required by SEQRA was inadequate. Read what they wrote and decide for yourself.

"Pursuant to such an alternative, the state would implement a three year demonstration of HVHF drilling in several geographically limited areas. DEC would issue permits for a limited number of wells, say not more than 100 annually in total, and would closely monitor and supervise drilling operations in two or three selected test jurisdictions. Adoption of comprehensive regulatory safeguards would be a prerequisite for such a demonstration and such safeguards would be fully applicable to the pilot projects. In addition, sufficient resources for pre-drilling water quality monitoring, as well as adequate staffing for enforcement and oversight at the state and local level, full bonding assurances to cover possible spills, etc., would also be put in place in advance, so as to maximize protection for the local community, its residents and environmental quality during and after the three-year test. Finally, pursuant to this alternative, DEC would defer a decision on whether to advance further a broader HVFF drilling program in New York State until after the three-year pilot project has been completed and analyzed."

You can read all of NRDC's comments at: http://docs.nrdc.org/energy/files/ene_12011201a.pdf

Finally, Eric Goldstein wrote to those who contacted him: "Your activism on this issue is inspiring and I encourage you to convey your concerns directly with Governor Andrew Cuomo, Executive Chamber, State Capitol, Albany, New York 12224."

With all respect, that is precisely what NRDC evidently will not do. All their comments have been directed to DEC.

Conclusion

In conclusion, we are in an extremely tough fight with the future of New York's environment on the line.

I implore you to go all out right now to require members of the Advisory Panel to sign the de facto moratorium pledge and the Withdraw the Revised Draft Coalition Letter.

I also request that you do all you can to gather more signatories to the Withdraw the Revised Draft SGEIS and pressure Govenor Cuomo to send DEC's fatally flawed proposal "back to the drawing board" for yet another do-over.

Take immediate action now or it might be too late very shortly.

Call and Email Using This Alert: http://www.toxicstargeting.com/node/30743

Thanks for your help.

Walter

Facebook: http://www.facebook.com/pages/Toxics-Targeting/95035142437
Twitter: https://twitter.com/#!/toxicstargeting
Address to Unsubscribe: signatories_list-unsubscribe@lists.toxicstargeting.com

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As you are well aware, Walter, there is no practical difference between what we have asked DEC to do in our comments and our public statements and what you are asking us to sign, other than that the latter was penned by you.

I have always been the first to praise the grassroots for their extraordinary work on this issue, and nothing in my email implies that NRDC is primarily responsible for the fact that the de facto moratorium remains in place. We are partners in the effort.

With all due respect, you are targeting the wrong enemy.

NRDC stands with the grassroots in our mutual effort to ensure that no new risky fracking proceeds in New York on the basis of the deeply flawed analysis performed by DEC. I will continue to devote my energies to that end.

You may forward this email to all those you bcc’ed on your response to me.

All the best,
Kate

From: Walter Hang
Sent: Tuesday, February 07, 2012 5:42 PM
To: Sinding, Kate
Subject: Re: Hydrofracking in NY

Greetings:

Thank you for cc'ing me on your response to more than 50 emails that you received as a member of the High-Volume Hydraulic Fracturing Advisory Panel. I am bcc'ing those correspondents.

Since 2008, thousands of activists and elected officials have worked incessantly at the grassroots level to maintain New York's de facto moratorium on horizontal hydrofracturing. With respect, I believe it is they who are primarily responsible for preventing the moratorium from being lifted.

A coalition letter with more than 22,000 signatories now requests that Governor Cuomo withdraw the Marcellus Shale Revised Draft SGEIS and send it back to the drawing board due to its failure to resolve at least 17 key concerns.

The signatories to that coalition letter include elected officials, scientists, physicians, civic, environmental and public interest groups, business leaders, religious organizations and tens of thousands of concerned citizens.

The coalition letter documents many of the same concerns that NRDC spelled out in its voluminous comments to DEC and is consistent with its request that DEC "redraft the study and proposed rules to address the numerous unresolved issues."

See: http://www.toxicstargeting.com/MarcellusShale/cuomo/coalition_letter/2011

Why won't NRDC sign this coalition letter to Governor Cuomo? He is clearly the decision-maker in this matter.

NRDC signed a 2009 coalition letter to then-Governor Paterson that spelled out many of the same concerns and requested that he withdraw the original draft SGEIS. That coalition letter likely helped persuade him to sign Executive Order No. 41 requiring the shortcomings of the draft SGEIS to be addressed. See: http://www.toxicstargeting.com/MarcellusShale/coalition_letter

Finally, given DEC's on-going failure to address the "numerous unresolved issues" NRDC identified, why won't NRDC sign this straightforward pledge as a member of the Advisory Panel?

Given the irreparable harm that shale gas extraction could wreak on New York's environment and public health, I request that Governor Cuomo maintain DEC's de facto moratorium on Marcellus Shale horizontal hydrofracturing until there is a consensus among all local, state and federal authorities as well as potentially impacted parties that the 17 major shortcomings documented in the Withdraw the Revised Draft SGEIS Coalition Letter have been fully resolved.

____________________________________________________

Date: ______________________

Thank you for your consideration. I look forward to receiving any response you might wish to provide.

Best regards,

Walter

On 2/7/2012 1:33 PM, Sinding, Kate wrote:
Dear Mr. ___:

Thank you for your email.

NRDC has been fighting since 2008 to both institute and maintain the de facto moratorium on new fracking in New York State. We were one of a small handful of groups that opposed the 2008 law that changed the state’s spacing requirements to allow for horizontal drilling and high-volume hydraulic fracturing because of our serious concerns about the risks to human health and our natural resources posed by this heavy industrial activity. We were likewise one of the groups that took the lead in successfully calling on then-Governor Paterson to compel the Department of Environmental Conservation to conduct a comprehensive environmental review of those risks before moving forward with any new permitting of fracking – establishing what has come to be known as the “de facto moratorium.”

Since that time, we have been dedicated to keeping the moratorium in place to require that the state properly evaluate the dangers before making any decisions as to how – or indeed, whether – to move forward with this risky activity. Just last month, we submitted nearly 700 pages of scientific and legal comments on the revised draft SGEIS, concluding that the state has not yet done the requisite analysis to support any new fracking anywhere in New York. We further urged that the Department of Environmental Conservation redraft the study and proposed rules to address the numerous unresolved issues.

We take our role on the state’s Advisory Panel extremely seriously and view ourselves as representatives of the larger environmental and grassroots community. We have been strongly advocating – together with our environmental partners– that the work of this panel not in any way supersede the on-going public review process. We have further urged that the panel’s charge to investigate agency and local resource needs not precede completion of the environmental review process, or presuppose that any particular level of development might occur in the state. We are hopeful that the recent suspension of panel meetings while DEC evaluates the more than 45,000 comments it received on the RDSGEIS is an indication that we are having some success in that regard.

Again, thank you for reaching out to me, and thank you for your commitment to this critical issue.

Sincerely,

Kate

Kate Sinding
Senior Attorney
Urban East Program
Natural Resources Defense Council

From:
Sent: Thursday, February 02, 2012 3:47 PM
To: Sinding, Kate
Subject: Hydrofracking in NY

February 2, 2012

Dear Ms Sinding:

Since 2008, there has been a de facto moratorium on horizontal hydrofracturing in New York's Marcellus Shale pending adoption of a Final Supplemental Generic Environmental Impact Statement (SGEIS). That policy has allowed New York to avoid widespread gas drilling problems experienced in Pennsylvania and Ohio.

More than 850,000 residents near Pittsburgh had to drink bottled water after public supplies were contaminated by massive gas drilling wastewater discharges into the Monongahela River.

In Ohio, underground injection of gas drilling wastewater has been linked to earthquakes.

New York's Marcellus Shale Revised Draft SGEIS just received thousands of blistering comments from elected officials, business leaders, environmental and civic groups and citizens. Region 2 of the U. S. Environmental Protection Agency submitted 26 pages of detailed comments that identified dozens of major inadequacies.

A coalition letter with more than 22,000 signatories echoes EPA's concerns and requests that Governor Cuomo Withdraw the Marcellus Shale Revised Draft SGEIS due to at least 17 critical shortcomings and send it "back to the drawing board" for yet another do-over.

You are invited to sign that coalition letter: http://www.toxicstargeting.com/MarcellusShale/cuomo/coalition_letter/2011

Given the Revised Draft SGEIS' well-documented concerns, I request that you sign this de facto moratorium pledge:

Given the irreparable harm that shale gas extraction could wreak on New York's environment and public health, I request that Governor Cuomo maintain DEC's de facto moratorium on Marcellus Shale horizontal hydrofracturing until there is a consensus among all local, state and federal authorities as well as potentially impacted parties that the 17 major shortcomings documented in the Withdraw the Revised Draft SGEIS Coalition Letter have been fully resolved.

I look forward to receiving your prompt reply.

Yours truly,

Ithaca, New York 14859