Fracking May Not Have Been Banned in New York

Contrary to Widespread Opinion Shale Fracking May Not Have Been Banned in New York

It is a huge mistake in politics to declare victory before you are absolutely certain that you have won. The applicable rule is "trust, but verify." That is why we must clarify the Cuomo administration's recent landmark decision to prohibit shale fracking in New York. When the New York State Department of Health (DOH) released A Public Health Review of High Volume Hydraulic Fracturing (HVHF) for Shale Gas Development on December 17, 2014, it was widely reported that shale fracking had been banned in New York.

Unfortunately, the fact of the matter is that we do not know that for certain. The Public Health Review recommended that Shale fracking "should not proceed in New York," but we do not know if it will be banned for good. This is a critically important distinction for reasons explained below. The Public Health Review report makes no mention of banning shale fracking or enacting any kind of permanent shale fracking prohibition. You can read the report for yourself:  When the Cuomo administration announced the Public Health Review, no shale fracking ban was declared by Governor Cuomo, Health Commissioner, Dr. Howard A. Zucker, or Environmental Conservation Commissioner, Joe Martens.  You can watch the meeting in its entirety: https://www.youtube.com/watch?v=rTJn16lKyN4

What Does the DOH Public Health Review Actually Recommend?

The Public Health Review simply concludes on page two: "Until the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed, DOH recommends that HVHF should not proceed in New York State (emphasis added)." Unfortunately, the Public Health Review does not say how long shale fracking "should not proceed in New York" or how authorities in our state should determine that "the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed…" After all our incredible hard work, these extraordinarily important questions cannot be left to chance and must be fully resolved before it is too late. That is why I write today.

Preventing Adoption of an Inadequate Final SGEIS is More Important Than Ever

DEC Commissioner Martens stated during the cabinet meeting that the Public Health Review findings and recommendations would be implemented by adopting a Final Supplemental Generic Environmental Impact Statement (SGEIS). We have no idea what is going on due to a total lack of openness and transparency about the scope of the Final SGEIS. Nevertheless, it could be released any day. Extreme caution is warranted in this matter because the SGEIS was originally intended to permit shale fracking in New York State. That is made perfectly clear by its title: "Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing in the Marcellus Shale and Other Low-Permeability Gas Reservoirs." In short, it is imperative that we prevent any Final SGEIS from being adopted until we are certain that it would translate the Public Health Review's critically important findings and recommendations into public policy reality. In addition, shale fracking must not be permitted by the Final SGEIS until all of the documented concerns about that proceeding are fully resolved.

Read a formatted alert: http://toxicstargeting.com/MarcellusShale/alerts/2015-03-14/urgent-shale-fracking-action

That is the purpose of our latest self-explanatory coalition letter: http://toxicstargeting.com/MarcellusShale/letters/2015/3/14/coalition-letter-disclose-how-health-review-findings-to-policy

Conclusion

For more than five years, the New York Marcellus Shale campaign has focused on preventing adoption of an inadequate Final SGEIS that could greenlight shale fracking. Achieving that goal is more important than ever. The Public Health Review notes: "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 about potential public health impacts that need further evaluation (emphasis added)." See page one. At a minimum, we must make sure that no shale fracking is allowed in New York: "Until the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed…" If that onerous requirement can be enforced, shale fracking might not be permitted in New York for decades to come, if ever. If the Cuomo administration actually bans shale fracking by adopting a permanent, legally binding prohibition, so much the better.

 

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