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Letter to Fracking Panel Members Requests that DOH Review be Put On-Hold and That a Comprehensive Shale Fracking Public Health Impact Study be Undertaken

October 17, 2013

To: Hon. Thomas W. Libous, Hon. Robert F. Kennedy, Jr., Esq., Hon. Kate Sinding, Esq., Hon. Eric A. Goldstein, Esq., Hon. Mark Brownstein, Hon. Thomas J. Santulli, Hon. Robert B. Catell, Hon. Mark K. Boling, Esq., Hon. Jeff Williams, Hon. Bradley Gill, Hon. Heather Briccetti, Hon. Kathleen McGinty, J. D., Hon. James B. Bays


Assemblywoman Donna Lupardo, a member of the Hydraulic Fracturing Advisory Panel, has written a carefully documented and respectful letter calling for Dr. Shah's inadequate shale fracking "review" to be put on hold and for a comprehensive "Public Health Impact Study" to be conducted to resolve all Marcellus Shale health hazard concerns once and for all.

See her letter at:

We, the undersigned, write to request that the other members of the Hydraulic Fracturing Advisory Panel take similar action to require Governor Andrew M. Cuomo to:

a) halt Dr. Shah's DOH Review because it has been conducted in secret without any public input, has unacceptable major shortcomings and cannot fulfill its mandates; and

b) resolve High Volume Hydraulic Fracturing (HVHF) health concerns once and for all by undertaking a comprehensive, open and transparent "Public Health Impact Study."

DOH Review Would be Informed by Three Shockingly Incomplete HVHF Health Impact Studies

Three "comprehensive studies" that Dr. Shah claimed would "assist in informing" his DOH Review are shockingly incomplete.

On 2/12/13, Dr. Shah wrote DEC Commissioner Martens that one of the reasons his DOH Review had not been completed was that he wanted to review "the first comprehensive studies of HVHF health impacts...(emphasis added) and receive "first-hand briefings on these studies and their progress, which will assist in informing the New York Review (emphasis added)."

He specifically cited an extensive investigation by Geisinger Health Systems "which cares for many patients in areas where shale gas is being developed in Pennsylvania, [and] is undertaking studies to analyze health records for asthma and other respiratory diseases, accidents and injuries, as well as birth outcomes (emphasis added)."

He said that his Review would be completed "within a few weeks..."


On 6/19/13, Associated Press reported that Geisinger only has $1.0 million out of $25.0 million required to undertake its proposed studies. The Geisinger investigation obviously has not progressed far enough to inform Dr. Shah about anything.


The two other studies are equally incomplete. The Environmental Protection Agency's study reportedly will not be done until at least 2016.

DOH Review Fails to Fulfill its Mandates

There can be no dispute that Dr. Shah's Review fails to fulfill its mandates to:

a) address "any legitimate request for additional due diligence and study…(emphasis added);"

b) ensure that "DEC's ultimate decision on hydraulic fracturing is beyond reproach either as a matter of law or as policy (emphasis added);

c) allow DEC to avail "ourselves of the best possible advice from the private and academic sectors (emphasis added);" and

d) "… result in the most thorough review of high-volume hydraulic fracturing in the nation…(emphasis added)."


Hydraulic Fracturing Advisory Panel Has Responsibility to Address DOH Review Shortcomings

Members of the Hydraulic Fracturing Advisory Panel have a clear responsibility to address the shortcomings of the DOH Review because Dr. Shah wrote:

"In particular we are focused on the relationship of HVHF to the health impacts of drinking water contamination, but also other areas such as air quality and community impacts (emphasis added)."

Among other responsibilities, the Advisory Panel is charged with:

"developing recommendations to ensure DEC and other agencies are enabled to properly oversee, monitor and enforce high-volume hydraulic fracturing activities;"

"developing recommendations to avoid and mitigate impacts to local governments and communities (emphasis added)."


Given the major shortcomings of Dr. Shah's Review detailed herein, it is imperative that Governor Cuomo halt the fatally flawed DOH Review and require New York State to conduct its own comprehensive, open and transparent shale fracturing "Public Health Impact Study" without further delay.

Dr. Shah observed: "The time to ensure the impacts on public health are properly considered is before (emphasis in the original) a state permits drilling." That concern is of paramount importance because Governor Cuomo stated on 5/22/13 that Dr. Shah's Review "should be done in the next several weeks."


If you are unable to persuade Governor Cuomo to resolve the grave shortcomings of the DOH Review, you should consider resigning your position because the Advisory Panel obviously would not be worthy of its purpose.

Thank you for your consideration.

Very truly yours,

cc: Honorable Andrew M. Cuomo

Honorable Joseph Martens

Honorable Nirav R. Shah

Honorable Donna Lupardo

Total Signatory Count: 1254

Katharine Adams
236 East 13th Street apt 14
New York, NY
Fred Bobson
41 Eastern Dr.
Ardsley, NY
Rosellen McFarland
4117 David Rd.
Painted Post, New York 14870
Celia Barnes
33 James St.
Dryden, NY
Emily Smith
904 Driggs Ave Apt 2
Brooklyn, NY
Audrey Newcomb
10 Landing Road South
Rochester, NY
Karen Peterson
116Greenridge Dr.
Horseheads, NY
ronald palmer
p.O. Box 89
south Plymouth, nY
Lawrence Stein
7426 State Route 17c
Endicott, NY
Patricia Peckham
Co-Chair, and Executive Committee
GreenYorktown and Sierra Club Lower Hudson Group
1300 Baptist Church Road
Yorktown Heights, New York
Alice Ross
377 skipperene rd
Narrowsburg, New York
john kastner
50 dorset st
rochester, new york
Randall Crawford
2315 Long Pond Rd
Rochester, NY
Lisa Jacques
194 Brunswick St.
Rochester, NY
Kathy Moore
S Panetta
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Harry Davis
294 Meigs Street, #5
Rochester, New York
Caroline Zane
110 Commodore Parkway
Rochester, NY
Heide Stuebel-Horowitz
820 W King Rd
Ithaca, NY
Rita Bergen
Helen DeNero
207 Rutgers St
Rochester, NY
Joyce Herman
87 Hillary Lane
Penfield, NY
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rochester, NY
Karen Keating-Secular
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Nadav Hendel
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Doug Couchon
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Elmira, NY
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Elmira, NY
Ralph Locke
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Rochester, NY
Mary Alice Stetz
Locke, ny
Frank Regan
Rochester, NY
Nancy Uyeno
3605 West Ave
Interlaken, New York
Sandra Keller
Chair Issues & Advocacy
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Groton, New York
Leah Milstein
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Mary Smith
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Elmira, NY
Adam Flint
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Binghamton Regional Sustainability Coalition
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Vestal, NY
Stephen Emlen
Professor Emeritus
Cornell University
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Charlie Newcomb
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