The coming days are critical/It is Do or Die/Big Finish!!!

Refer to this Homestretch Action Guide if you are too busy to read this alert: http://www.toxicstargeting.com/MarcellusShale/alerts/2013/02/08/homestre...

Greetings,

The last few weeks have been a blur because a lot of us have been busy preparing our big sprint to the shale gas fracking finish line. That is why I write today.

Each and every day between now and February 13 - 27th could decide the fate of shale gas fracking in New York. I write to implore you to implement a precise plan of action that should allow us to survive the coming weeks. Pull out all the stops. This is definitely the moment of truth.

DEC's shale gas Revised Rulemaking proceeding has to be completed by 2/27/13. Otherwise, it must be restarted by law. In order to beat that looming deadline, both the infamous DOH "health impact analysis" Review and a Final SGEIS would have to be completed beforehand. FYI, February 13th is a regulatory notice deadline that could apply to the SGEIS.

The Bottom Line

The immense pressure that we have brought to bear on Governor Cuomo has not yet dissuaded him from permitting shale gas extraction in New York, probably in a limited area of the Southern Tier. He refuses to require public participation for the DOH Review. The sweeping problems of the SGEIS have not been resolved. DEC's ridiculously inadequate Revised Rulemaking proposal is proceeding toward adoption.

On the bright side, DEC Commissioner Martens testified on Monday that the State may miss the 2/27/13 Revised Rulemaking deadline.

We do not have a moment to lose if we want to prevail in this historic fight. We must crank up the pressure greater than ever on the Governor. Give it everything that you have got.

Our Plan of Action

Governor Cuomo almost certainly wants to permit shale gas fracking in New York. Otherwise, he would have kicked the can down the road a long time ago. Activists are doing everything feasible. We need heavy-lifting help or the Governor might decide to allow Marcellus Shale fracking to proceed.

The Republicans in the State Senate have been strongly pro-fracking for years. Even though they now share leadership in that House, no change of policy has been signaled.

The State Senate Democratic minority is mostly powerless to get anything done. Majority rules in the New York State Legislature.

Only the Democrat-controlled Assembly has voiced grave concerns about the hazards of shale gas fracking and has heavy-lifting ability. That House is clearly the best hope for leadership on safeguarding New York from shale gas extraction hazards. The Assembly's power is arguably the greatest during budget negotiations which are now underway. The budget is due 3/21/13.

Against That Political Landscape, We Must Work With All Interested Parties to Make Sure That The DOH Review Is Not Completed by 2/27/13. That goal is critical because the Cuomo administration has pledged that neither a Final SGEIS nor a Revised Rulemaking proposal will be adopted until the DOH Review is done. It is essentially all or nothing.

The secret DOH "health impact analysis" Review is a sham. It has not involved any public notice, public comment or even a single public hearing. We now know that it is also limited to the Revised Draft SGEIS that more than 22,000 signatories to a coalition letter want withdrawn due to its woeful inadequacies. The DOH Review is the Achilles Heel of a huge regulatory mess.

Landmark Lifton Letter is Super Important

Assemblywoman Barbara Lifton (125 AD) released a landmark letter last Tuesday which requests that the DOH Review as well as the SGEIS and the Revised Rulemaking proceedings be put on-hold pending full public participation for the DOH Review. If that request is fulfilled, the 2/27/13 deadline could not be met.

Lifton's bipartisan letter is signed by a total of 65 Legislators in both Houses. The letter received extensive Associated Press and Gannett coverage in The Wall Street Journal, Business Week, NPR and local press outlets from coast-to-coast, in the Capital District and throughout the Southern Tier and Finger Lakes.

Caitlin Pixley of the Sierra Club Atlantic Chapter, I and Binghamton Mayor Matt Ryan were honored to participate in the news conference along with nine legislators. Mr. Ryan is one of 136 government officials who are signatories to a coalition letter that echoes the key requests in the Lifton letter.

Ms. Lifton's letter sends an extremely powerful and unmistakeable message to Governor Cuomo: http://www.toxicstargeting.com/MarcellusShale/documents/letters/2013/02/...

See video of Ms. Lifton's opening news conference statement: http://www.toxicstargeting.com/MarcellusShale/videos/2013/02/05/assembly...

See video of me discussing massive uncontrolled contamination problems documented by DEC's own data: http://www.toxicstargeting.com/MarcellusShale/videos/2013/02/05/assembly...

See local, state and national news coverage: http://www.toxicstargeting.com/MarcellusShale/news/ny-lawmakers-want-pub...

http://www.toxicstargeting.com/MarcellusShale/news/2013-02-06/lifton-cal...

http://www.toxicstargeting.com/MarcellusShale/news/2013-02-05/ny-lawmake...

See news conference pics: http://www.toxicstargeting.com/MarcellusShale/photos/130205/albany

Take Urgent Action Today to Bolster Opposition to the DOH Review

1. IF YOUR ASSEMBLY REPRESENTATIVE IS A SIGNATORY TO THE LIFTON LETTER, PLEASE WRITE TO THANK THE MEMBER FOR SUPPORTING PUBLIC PARTICIPATION FOR THE DOH REVIEW. See signatories at: http://www.toxicstargeting.com/MarcellusShale/documents/letters/2013/02/...

If YOUR REPRESENTATIVE IS NOT A SIGNATORY, RESPECTFULLY ASK HIM/HER TO SIGN THE LETTER BY CONTACTING MS. LIFTON'S OFFICE.

ASK YOUR REPRESENTATIVE TO MAKE SURE THAT GOVERNOR CUOMO PUTS ON-HOLD: A) THE SECRET DOH REVIEW, B) A FINAL SGEIS AND C) DEC'S REVISED RULEMAKING PROCEEDING UNTIL FULL PUBLIC PARTICIPATION IS REQUIRED FOR THE DOH REVIEW.

See who your Assembly Representative is: http://assembly.state.ny.us/mem/

2. Please write and profusely thank Assembly Members Lifton, Lupardo and all the Legislators who attended the news conference and called for public participation for the DOH Review. (See attendees below with *.) Their uncommon political courage and dedication to the public interest is worthy of your highest praise.

Also thank Assembly members Sweeney, Gottfried and Lavine for their powerful DOH Review Public participation letter: http://toxicstargeting.com/sites/default/files/pdfs/Assembly-Fracking-jo...

Please make sure to thank Assembly Speaker Sheldon Silver for his leadership and the strong stand taken by his House on this issue.

Speaker Sheldon Silver, MOA, 65 AD Speaker@assembly.state.ny.us

*Barbara S. Lifton, MOA, 125 AD LIFTONB@ASSEMBLY.STATE.NY.US
Robert K. Sweeney, MOA, 11 AD SWEENEYR@ASSEMBLY.STATE.NY.US
Richard N. Gottfried, MOA, 75 AD GOTTFRIEDR@ASSEMBLY.STATE.NY.US
Charles D. Lavine, MOA, 13 AD LAVINEC@ASSEMBLY.STATE.NY.US
Donna A. Lupardo, MOA, 123 AD LupardoD@assembly.state.ny.us
*Patricia Fahy, MOA, 109 AD FahyP@assembly.state.ny.us
*Linda B. Rosenthal, MOA, 67 AD RosentL@assembly.state.ny.us
*Michelle Schimel, MOA, 16 AD SchimelM@assembly.state.ny.us
*Daniel J. O'Donnell, MOA, 69 AD OdonnellD@assembly.state.ny.us
*Crystal D. Peoples-Stokes, MOA, 141 AD PeopleC@assembly.state.ny.us
*Brian Kavanagh, MOA, 74 AD KavanaghB@assembly.state.ny.us
*Addie J. Russell, MOA, 116 AD RussellA@assembly.state.ny.us

3. Please thank all the State Senators who signed the Lifton letter, especially Liz Krueger, who attended the news conference. Their support warrants equal gratitude.

If your State Senator is not a signatory, RESPECTFULLY ask him/her to sign the lettter. See signatories at: http://www.toxicstargeting.com/MarcellusShale/documents/letters/2013/02/...

*Liz Krueger, MOS, 28 SD lkrueger@senate.state.ny.us

See who your State Senator is: http://www.nysenate.gov/senators

4. Immediately call and email Governor Cuomo. RESPECTFULLY request that he not adopt a DOH Review conducted in secret with zero public input and limited to a Revised Draft SGEIS that has received scathing criticism from tens of thousands of elected officials, physicians, scientists, citizens as well as the U. S. Environmental Protection Agency. Request that he put on-hold the DOH Review, a Final SGEIS and the Revised Rulemaking proposal until full public participation is required for the DOH Review.

Keep Hammering, But Always Remain Civil. Never Threaten.

Email Governor Cuomo: http://www.governor.ny.gov/contact/GovernorContactForm.php

Call Governor Cuomo: Albany: 518-474-8390 New York City: 212-681-4580 Binghamton: 607-721-8367

Twitter the Governor: @NYGovCuomo

Facebook him: https://www.facebook.com/GovernorAndrewCuomo?sk=wall

5. Thank your local government officials who signed the coalition letter requesting public participation for the DOH Review, especially Mayor Ryan, a truly exemplary public servant. Ask them to reach out to the Governor AGAIN. See: http://www.toxicstargeting.com/MarcellusShale/cuomo/gov-coalition-letter...

mayor@cityofbinghamton.com

Conclusion

Due to an immense amount of grassroots organizing since last November, more than 200 government officials have written Governor Cuomo to request that the DOH Review as well as the SGEIS and Revised Rulemaking proceedings be put on-hold pending full public participation for the DOH Review. That is not chopped liver.

Those officials include top Assembly leaders, rank and file members in both Houses of the Legislature and local officials who represent communities throughout New York's Marcellus Shale formation.

They are joined by a total of 2,948 signatories to the original citizens coalition letter that made DOH Review public participation a linchpin issue that could determine whether shale gas fracking will be permitted in New York. Please sign if you have not already done so. Getting 3,000 signatories would be great: http://www.toxicstargeting.com/MarcellusShale/letters/2012/11/28/cuomo

I commend everyone who worked so long and hard to obtain all those signatories. Our collective efforts have built a formidable political coalition and generated a staggering amount of sustained press.

In conclusion, this is it. Every day is a political eternity now. More than four years of unprecedented achievement are on the line. We are all in. It is do or die, hopefully not the latter for us.

Keep calling and emailing. Please be civil. A few angry words can cause political blood feuds that last decades.

I am with you all the way. Thanks so much for all your help. Do not stop till you drop.

Go hard. Big Finish!!!

I salute you.

Cheers,

Walter