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Please Keep Calling Governor Cuomo Until the Final SGEIS Findings Statement is Issued/Counting Proverbial Chickens Before They Hatch Can Be Disastrous

Please continue to support Toxics Targeting's highly effective New York Marcellus Shale campaign. Your generous assistance is needed more than ever to safeguard our state from shale fracking:

Dear Fellow Fractivists,

The ten-day review and comment period for the Final SGEIS ends tomorrow, Saturday May 23, 2015. There is no requirement for the Department of Environmental Conservation (DEC) to revise its Final SGEIS before issuing a Findings Statement and rendering a final decision to conclude its proceeding.

I invite you to read my extensive comments on the Final SGEIS. It is so woefully inadequate and fatally flawed that it must never be used to permit shale fracking anywhere in New York.

This detailed analysis will take your breath away because it reveals exactly how DEC proposes to regulate shale fracking if it is authorized.


Until the Findings Statement is issued, which could be in days, weeks or who knows when, we will not know which action alternative DEC chose or how the agency proposes to resolve the SGEIS proceeding once and for all.

Please keep pushing hard for a favorable outcome in the public interest. Keep Calling Governor Cuomo at 518-474-8390 until the Findings Statement is issued.

You will hear a recording. Press 2 to leave a message or press 3 to speak with a live person. Either option is fine.

State very respectfully that you request DEC's Findings Statement to implement:

A. the No - Action Alternative in the Final SGEIS: "The denial of permits to develop the Marcellus Shale and other low-permeability gas reservoirs by horizontal drilling and high-volume hydraulic fracturing." This is what we want.

B. the Department of Health's key policy recommendation:

"Until the science provides sufficient information to determine the level of risk to public health from HVHF [high-volume hydraulic fracturing] to all New Yorkers and whether the risks can be adequately managed, DOH recommends that HVHF should not proceed in NYS."

C. a requirement that DEC's final decision in this matter cannot be revisited without conducting a new Environmental Impact Assessment pursuant to the State Environmental Quality Review Act.

Please thank Governor Cuomo for his public service under trying circumstances.

No one should count proverbial chickens before they hatch. We will not know which alternative action will be implemented until the Findings Statement is released. Unless the no-action alternative is chosen and backed up very strongly in the Findings Statement, we could be in dire straits to say the least. The devil will be in the details.

Groups which were so quick to declare that shale fracking had been BANNED on December 17, 2014 have now publicly admitted that any fracking prohibition will not be permanent. New York has had a shale fracking ban since 2008; it is just temporary. That is the definition of a moratorium.

DEC Commissioner Martens testified that any shale fracking prohibition decision could be "revisited at any time when new or significant information comes to light." We are taking action to make sure that cannot happen without another huge fight.

Groups noted that when asked about revisiting his decision, Governor Cuomo said "I would never." Never what, eh? Andrew Cuomo also never uttered the word, "ban" on 12/17/14.

Groups also declared that Governor Cuomo made his fracking prohibition decision due to irrefutable good science. If their thesis is correct, those same groups should prevail in their efforts to halt shale fracking in other states as well as block proposed gas storage and infrastructure projects. I wish them all the very best. We will see what happens.

In reality, the DOH Public Health Review determined: "Based on this review, it is apparent that the science surrounding HVHF activity is limited, only just beginning to emerge, and largely suggests only hypotheses (emphasis added) about potential public health impacts that need further evaluation."

That is why my view is that we got this far by organizing a highly formidable campaign involving closely coordinated research, advocacy, media and coalition building. Our efforts ultimately proved so politically powerful that we played a key role in reversing DEC's 2011 assertion that shale fracking could be done safely.

Our laser-focused strategy was instrumental in preventing adoption of a Final SGEIS for nearly seven years. We also killed the DOH "review" and required a comprehensive Public Health Impact Study to be conducted. Step by step, we battled our way to where we are today.

We might very well gain a favorable outcome in the Findings Statement, but I assure you that pro-fracking forces are already gearing up to fight back. If we do not continue our hard work, we could lose everything we gained.

With that goal in mind, please contribute generously to keep our amazing campaign going. Toxics Targeting's shale fracking work cannot be done without your strong support:

Finally, please sign our latest coalition letter and check out the astounding array of more than 1,400 signatories, including, but not limited to: powerful legislators, physicians, trade unionists, teachers, farmers, academics, local officials, health care professionals, religious leaders, business owners and local activists of every stripe working hard each and every day to protect their communities.


I commend each and every person who helped with this fight. We fought well, but we were exceedingly fortunate to find so many true friends and allies. That is why we deserve a party where everyone involved is welcome.

Thank you all so much for your help. Keep your fingers crossed. Keep slugging. We must never rest on our laurels.

Pro-frackers have not given up in any way:

All my very best regards and warmest wishes for our continued success in safeguarding New York from shale fracking.

Onward and upward. Confusion to the enemy.


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