I am pleased to invite you to become a signatory to a respectful Request That Governor Hochul Prohibit All Forms of High-Volume Hydraulic Fracturing Combined With Horizontal Drilling in New York In Order to Prevent Carbon Dioxide Marcellus Shale Natural Gas Extraction

This coalition letter has more than 470 signatories who live in 159 communities all over New York and from coast-to-coast. They are associated with nearly 40 organizations and include current and former elected officials, academicians, medical professionals, business owners and prominent activists.

See: Signatories Summary (5/23/24): Request That Governor Hochul Prohibit All Forms of High-Volume Hydraulic Fracturing Combined With Horizontal Drilling in New York In Order to Prevent Carbon Dioxide Marcellus Shale Natural Gas Extraction

The coalition letter has received extensive media coverage: Campaign to Prohibit All Forms of Shale Fracking in New York, Including Using Carbon Dioxide

This campaign is part and parcel of Toxics Targeting's 15-year: New York Marcellus Shale Fracking Prohibition Campaign

Background

I am respectfully contacting you because you are a signatory to a 12/19/23 letter that expresses "serious concerns about Southern Tier CO2 to Clean Energy Solutions, (a.k.a. ‘Southern Tier Solutions’) proposal to drill and frack for gas in New York using carbon dioxide (CO2)..." The letter requests that Governor Hochul, Majority Leader Stewart-Cousins, Speaker Heastie, and then-Commissioner Seggos, "ban CO2 fracking."

See: Carbon Dioxide Fracking Ban Request Sent to Governor Hochul, Assembly Speaker Heastie and State Senate Majority Leader Stewart-Cousins

Unfortunately, Carbon Dioxide shale fracking could be permitted in New York because the State Department of Environmental Conservation's Final Supplemental Generic Environmental Impact Statement only prohibited hydrofracturing involving "the stimulation of a well using 300,000 or more gallons of water (bold is emphasis added) as the base fluid for hydraulic fracturing for all stages in a well completion, regardless of whether the well is vertical or directional, including horizontal."

This limited prohibition could be avoided by simply using up to 299,999 gallons of water to conduct shale fracking. There is no dispute about this massive regulatory loophole.

Even worse, DEC never implemented its Final Supplemental Generic Environmental Impact Statement determination that all forms of High-Volume Hydraulic Fracturing must be prohibited in New York, including using "Liquid CO2," "Nitrogen-based foam" and "Liquefied Petroleum Gas (LPG)," because "all fail to limit unavoidable adverse environmental impacts and fail to address the risks and uncertainties of high-volume hydraulic fracturing (emphasis added)."

See: NYSDEC Final SGEIS Chapter 9.3 "Green" or Non-Chemical Fracturing Technologies and Additives

This irrefutable DEC determination is the basis for the: Request That Governor Hochul Prohibit All Forms of High-Volume Hydraulic Fracturing Combined With Horizontal Drilling in New York In Order to Prevent Carbon Dioxide Marcellus Shale Natural Gas Extraction

Fatally Flawed Legislation Must Not Be Enacted Into Law

Legislation has passed both houses of the State Legislature (S8357 and A8866) to prohibit issuing permits "authorizing an applicant to drill, deepen, plug back, or convert wells" that "use carbon dioxide to complete or recomplete natural gas or oil resources." To date, the Governor has not signed the legislation into law.

While I had nothing to do with this legislation, I spoke to multiple environmental law experts who expressed grave concerns that the Carbon Dioxide prohibition legislation could face legal challenge if enacted into law.

The attorneys stated that our Request That Governor Hochul Prohibit All Forms of High-Volume Hydraulic Fracturing Combined With Horizontal Drilling in New York In Order to Prevent Carbon Dioxide Marcellus Shale Natural Gas Extraction is far more detailed and comprehensive.

Finally, the attorneys expressed concerns that Carbon Dioxide shale fracking could be permitted in New York pursuant to newly proposed U. S. Environmental Protection Agency rules for Carbon Capture, Utilization and Sequestration/Storage.

For all these reasons, I just submitted an Updated 5/22/24 Request That Governor Hochul Not Sign Senate Bill S8357 and Assembly Bill A8866 Into Law

Conclusion

Unless we take collective action to require Governor Hochul to prohibit all forms of High-Volume Hydraulic Fracturing on a comprehensive basis, New Yorkers will likely face an endless battle to thwart Carbon Dioxide fracking, gelled propane fracking, other non-water fracking methods and even hydrofracking using up to 299,999 gallons of water.

I am sure you want to avoid that battle as much as I do. That is why I urge you to become a signatory to the coalition letter described herein.

Please do not hesitate to get in touch if you have questions or suggestions.

Thank you for your consideration.

Very best regards,

Walter Hang