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Cuomo Fracks New York State with Irony and Disassociative Policy Disease


 

(BREAKING NEWS:  With so many promising initiatives outlined by the Governor in his State of the State Address,  it may seem like base cavilling to focus on a single issue like “fracking,” but my underlying assumption is that high-volume, high-pressure hydraulic fracturing is not the “problem.”   It is a symptom of the problem and it serves quite nicely to illustrate a corollary:  “If you partner with industry (especially the gas extraction industry) you will be forced to engage in tortured reasoning,  mad dashes left and right and a convoluted persecution of the laws that govern public Agencies.  (The  State Administrative Procedures Act ((SAPA), for instance,  figures heavily in an intent to sue notice prepared by David and Helen Slottje,  founding attorneys at Community Environmental Defense Council, Inc.  Last night, as this Breathing article was getting final edits,  the Slottjes wrote,  “…we will turn a version of this  [notice] into a formal petition to the State detailing why the regs and the draft SGEIS are illegal, demanding that the regs and the draft SGEIS be withdrawn, and placing the State on notice that suit will be brought if the demand is not honored.”)

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First, whether you are a pro-fracking or pro-Moratorium New Yorker,  when you searched the text of Governor Cuomo’s  State of the State Address for some variation of “frac,”  “fractured,”  “frack,”  or “frackturing,”  you were immediately rewarded with several instances of  “FRAC.”   Armed with a fresh cup of coffee or some sedative,  you prepared to delve into the convoluted shoals that are Cuomo’s  gas extraction policy.

And that’s where you encountered the first multi-layered irony.  During the past month, activists sent New York’s Department of Environmental Conservation (DEC)  more than 200,000 comments about the Agency’s  regs,   draft SGEIS,  its review process and lack of adherence to State law.  Many of those comments were submitted “under protest” and came on the heels of more than 60,000 submitted during the last round of dSGEIS comments.  But the “FRAC” in the Governor’s speech didn’t refer to gas, extraction or hydraulics.  It’s the Food Research and Action Center which studies accessibility to “affordable fresh fruits and vegetables” and the impact of that accessibility on health.  It is a notable initiative but kind of moot if New York’s  fertile foodsheds are fracked.

You settled in a little deeper and began to review the State of the State Address category-by-category.

Under the broad heading of “Economic Development,” Governor Cuomo  touted Tax-Free Hot Spots, Academics and Unemployment Insurance.  He announced, “The Adirondack Challenge, a national rafting and paddling competition…[that] will  focus the world’s attention on the unparalleled natural beauty and recreational opportunities of the Adirondacks to attract tourists to Upstate New York.”

That’s lovely for the Adirondack and Catskill Parks which are protected from fracking by the NYS Constitution, but how will tourists reach those oases if not via a scenic gas drilling byway?   Additionally, as Cuomo  plots to protect some areas of New York State as more worthy of conservation than others, the Adirondack Mountain Club has reminded him, “It is clear from Article XIV, section (3)(1) of the Constitution that the state cannot enter into a lease with any private corporation for the extraction of natural gas from any state forest or reforestation area located in the counties of Greene, Ulster, Sullivan, or Delaware counties.”

Uh oh.

The Governor spoke to the Economy of Tomorrow and laid out a plan to Make New York the Leader in the Clean Tech Economy. He pledged himself to the creation of a workforce capable of meeting the new demands of his 21st century model.

And he drew a special bead on Upstate Economic Development.  He connected the dots between poverty, food deprivation and a failure to thrive. He outlined a plan to bolster our farms and families by strengthening Farm to School Programs. (This is of especial importance to Sullivan County, NY which a recent Robert Woods Johnson Foundation report placed next to last for health factors of all New York State counties.)

The particular attention Cuomo paid to Upstate Economic Development may have set some heads to shaking. On one hand, he lauded the value of Upstate water and  soil resources – citing to them and our foodsheds as indispensable pieces of NY’s economic engine — while,  on the other,  his  SGEIS proposes to protect the NYC and Syracuse watersheds  and leave the Upper Delaware River Basin (and its organic farmers) to the mercy of inadequate setbacks. (Sec.  7.1.5:  Revised Draft SGEIS 2011,  page 7-55.)

For instance,

… as stated in sub-section 7.1.3, the Department proposes that for at least two years the surface disturbance associated with high-volume hydraulic fracturing, including well pad and associated road construction and operation, be prohibited within 500 feet of primary aquifers.

And,

… uncovered pits or open surface impoundments that could contain flowback water … are subject to a 300-foot separation distance from water wells under Appendix 5-B of the State Sanitary Code.  Flowback water tanks and additive containers … which require a 100-foot setback from water wells.  Handling and mixing of hydraulic fracturing additives onsite…requires a 150-foot distance from water wells.  The Department proposes that it will not issue well permits for high-volume hydraulic fracturing within 500 feet of a private water well or domestic-supply spring, unless waived by the landowner.

If those  “set-back mitigations” strike you as inadequate, then add this nugget to the sludge on your plate:  gas wells in New York State will be permitted within 150 feet of schools.

That’s right.  As Cuomo  outlined a broad range of education improvements with optimistic headings like,  more learning time,  full-time pre-k programs for highest needs students, better teachers, principals and evaluation systems — all excellent proposals —  his SGEIS will allow gas wells to be drilled within 150 feet of those excellent teachers, students, playgrounds, programs and classrooms.

No doubt,  Disassociative Policy Disorder strikes again.

Fighting Hunger in New York

Governor Cuomo has good reasons for envisioning a future-New York where our families are well-nourished by the bounty of our own organic farms. (New York farmers regularly lead the nation in produce donated to food banks and food pantries.  Just sayin’.)

In 2006,  NYS was home to “580 certified organic farms  with 68,864 acres in production.  In addition, there were more than 100 organic processors doing business in the State…”

Only two years later, the US Department of Agriculture reported that  NYS had grown to  827 organic farms and was ranked fourth in the nation as a result.   More,   NYS was second in the country with  319  organic dairy farms;  second to Wisconsin with 99 organic beef farms  and fifth for organic vegetable and melon farms with 190.  (Our $60.2 million dollars in organic milk sales for 2008 placed us fifth in the nation.)

The Governor even cited to  Bay Shore’s Farm to School Project, “Edible EastEnd, an innovative collaboration between Long Island’s Bay Shore Union Free School District, the New York State Department of Agriculture and Markets and Office of General Services, and Long Island potato farmers to increase service of Long Island potatoes in Long Island Schools)…”

And he pledged to create a Statewide Anti-Hunger Task Force with one goal being to increase “the use of New York farm products and healthy foods in anti-hunger programs.”

Yes, while painting a rosy picture of New York State’s schoolchildren being educated for the 21st century in a state fueled by sustainable industries and locally-grown food,  Cuomo’s SGEIS has determined that  many New York  schools and much of our vast foodshed will be left vulnerable to the dangers of crazily inadequate setbacks.

Worse, even if the setbacks seem a dandy solution to you, consider that you and the Governor have overlooked another threat to foodsheds in Upstate New York and the Upper Delaware River Basin:  migrating air pollution from the Hancock compressor,  the Millennium Pipeline and other components of the extraction industry.

Fingers crossed that if airborne contaminants endanger the Organic status of local Upstate NY farms, Vermont won’t charge much to  stock NY’s  school lunch programs.

Human Health

In addition to educating our children and feeding them more and healthier local food,  the Gov is determined that New York will Set the “Gold Standard” for Patient Care.

  • “The best way to improve the health of New Yorkers and to lower health care cost is to avoid preventable illness and the health care interventions they require,” he said.

He even devoted 7.5 typewritten pages to sepsis, “An overwhelming immune and inflammatory response to infection.”  He laid out an entire plan of attack to improve preventative care and to combat nosocomial infections. He was inventive and passionate.

He skipped over the fact that his SGEIS has been roundly decried by doctors, medical societies, nurses and epidemiologists for ignoring the cumulative impacts of gas extraction on human health.

He forgot to mention the plethora of reports coming in from the frontlines of Gasland about endocrine disruptions, immune system dysfunction and leukemia.

He ignored that gas extraction and production companies are exempt from revealing the toxins they use in their processes and that doctors are prohibited from telling injured patients the nature of the gas production toxins that have harmed them.

However, our governor made it clear that he intends to be a juggernaut when it comes to ensuring a fair Public Safety Policy that will open like a protective umbrella over all our heads.  He spoke about gun violence and ended with this,  “Some weapons are so dangerous and some ammunition devices so lethal that we simply cannot afford to continue selling them in our state.”

Yes, Governor Cuomo,  but perhaps there are industries and devices “so lethal that we simply cannot afford”  to welcome them into our communities, either.

I won’t belabor the Governor’s insistence that New York State must improve its reputation for cloaked dealings with lobbyists because one sentence drove all his remonstrations from my head,  “A public database will provide the fullest disclosure of lobbyist and other meetings with state officials in the country.”

Then why, oh why,  Governor Cuomo, did activists have to labor so hard to expose the fact that  Independent Oil and Gas Association  (industry lobbyist) worked hand-in-hand with  NY’s Department of Environmental Conservation to write our State’s gas extraction regulations?

The Governor also outlined a number of new Public Safety initiatives in response to the devastation wrought in New York State by Hurricane Sandy.  He described the NYS 2100 Commission and the importance of building “resiliency” into our “planning, protection and development approaches…”  He vowed to “reduce the emissions that contribute to our changing climate,”  to “increase alternative local renewable power sources,”  and to “provide assistance to property owners to mitigate or sell properties in vulnerable areas.”

Although the Gov is referring to homes damaged or obliterated by Hurricane Sandy,  the door he opens is intriguing.  Will those whose properties are damaged or destroyed by their neighbors’ fracking also be considered “vulnerable?”  Will those property owners also be helped to relocate?  Will they be helped to find a new and better quality of life? Will our organic farmers be rewarded with new  sources of clean water and soil?

And when Cuomo says that,  “Much of New York’s infrastructure is aging and susceptible to damage from extreme weather events or seismic threats,”  is he planning to replace bridges,  roads, and neighborhoods impacted by frack-created earthquakes?

Or when he admits that, “there are miles of aging [ gas] pipeline[s] that are prone to leakage and vulnerable to storm damage (and ground movement) [in New York State],”   does he intend to hire hundreds of new DEC field agents to police, test and enforce remediation of those leaks?  Or will citizens be detailed to stand on either side of the pipes to hold them in place as they rock to the beat of seismic drums?

And when he says we need to “strengthen our wastewater infrastructure” because, “Flooding and storm surges from Lee, Irene, and Sandy resulted in hundreds of millions of dollars of damage to waste water treatment plants and the release of hundreds of millions of gallons of raw and undertreated sewage,”  is he considering just how toxic the stew would be with Marcellus Shale’s radioactive materials added to the mix?

Or does he believe that his newly-minted  World-Class Emergency Response Network —  like All the King’s Horses and All the King’s Men —   will simply put New York  back together again after the extraction industry has bedded, fracked us, and moved on?

 

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Additional Links, Resources and Citations:

“Ecosystem resilience is the capacity of an ecosystem to tolerate disturbance without collapsing into a qualitatively different state that is controlled by a different set of processes. A resilient ecosystem can withstand shocks and rebuild itself when necessary. Resilience in social systems has the added capacity of humans to anticipate and plan for the future. Humans are part of the natural world. We depend on ecological systems for our survival and we continuously impact the ecosystems in which we live from the local to global scale. Resilience is a property of these linked social-ecological systems (SES). “Resilience” as applied to ecosystems, or to integrated systems of people and the natural environment, has three defining characteristics:

• The amount of change the system can undergo and still retain the same controls on function and structure
• The degree to which the system is capable of self-organization
• The ability to build and increase the capacity for learning and adaptation”

Source: The Resilience Alliance Website

 

As part of  Governor Cuomo’s  plan to “Harden Our Utilities,”  he wants the following NYS Public Service Commission (PSC) recommendations adopted as soon as possible.  It sounds dandy, actually.  Too bad  these initiatives don’t extend to the Department of Environmental Conservation or the gas extractors that Agency is mandated  to regulate.

  • The PSC will be statutorily authorized to levy administrative penalties against each utility for violations of PSC orders and regulations or upon a finding that such utility has failed to provide safe and adequate service under a “reasonable business” standard (comparable to the prudence standard). The size of the potential penalties will be increased, and provisions will be adopted to ensure that the penalties are paid out of shareholder capital and not passed on to ratepayers.
  • The PSC will be authorized to issue an order that directs a utility to comply with recommendations made pursuant to management and operations audits.
  • The PSC will recommence operational audits at least every five years as currently required under the Public Service Law.
  • To implement the strengthened auditing functions of the PSC, consideration will be given to having a dedicated auditing unit to help ensure that the PSC is well-situated to fully exercise its statutory authority and perform both management and operational audits.
  • Consideration will also be given to creating a dedicated unit for investigating and enforcing utility compliance with PSC orders and recommendations and with utility tariffs.
  • Statutory changes should be considered to explicitly authorize the PSC to formally review the performance of each of the Investor-Owned Utilities to provide safe and adequate service, and order appropriate relief including divestiture of some or all of a utility’s assets, subject to both due process standards and the need for continuity of service. To ensure compliance with the recommendations put forth by the PSC after a review, the Commission also recommends the clear establishment of the PSC’s authority to revoke the Certificate of Public Convenience and Necessity.
  • DPS staffing and budgetary levels will be reviewed to ensure they are sufficient to carry out the newly-designed core functions of the PSC, and procedures should be reviewed to ensure cross-training of the existing workforce, implementation of performance management standards and technology upgrades. Given the substantial retirements at DPS in recent years, the agency currently is not staffed to the level authorized in the FY 2012-13 budget of 524 full-time employees (FTE). Based upon the additional mandates that the Commission recommends, the DPS staffing authorization will be maintained in the FY 2013-14 budget and DPS will recruit and hire up to the 524 FTE allotment to assist in implementation and enforcement of the new mandates.
  • Similar to Sarbanes Oxley where CEOs need to certify the validity of their financial statements, consideration will be given to requiring senior officers of each utility to annually certify to the PSC that the utility is acting in compliance with all applicable State laws, rules, regulations, orders, and procedures, including the statutory requirement to provide safe and adequate service.
  • All appointees to the PSC will have demonstrated competence in some aspect of utility regulation as well as a concern for the public well-being.
 

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Bethel, NY’s Hydraulic Fracturing Ban; Public Comments


(Breathing Is Political left the Bethel Town Board’s March 15, 2012 Hearing on Town Law No. 1 of 2012 about twenty minutes before its finish. At that point, thirty members of the public had spoken in favor of the proposed law which would ban high-volume hydraulic fracturing as a high-impact activity in the Town and four members had spoken against the law and in favor of permitting H-VHF activities. According to Larysa Dyrszka, supporters of the legislative ban collected more than 500 petition signatures and at least 100 letters.  

Unfortunately,  the Town of Bethel’s website appears to be “down,”  but  the proposed legislation is scheduled for a vote at one of the April  Town Board meetings which regularly occur on the 2nd and 4th Wednesdays of each month at 7:30 pm.  If interested,  the Town’s phone number is:   845-583-4350.)

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On March 15, 2012, the Bethel, NY Town Board heard from the public concerning the Town’s proposed Local Law No. 1 of 2012. (For more information, “findings of fact,” and an explanation of the proposed legislation, please see Appendix A and the Town of Bethel’s Land Use Analysis: Hazardous or Natural Gas and/or Petroleum Acivities and Industrial Uses.)

In introductory remarks, Bethel Town Attorney Robert McEwan described the proposed legislative changes as “explicitly prohibiting certain uses Town-wide” and as “amending Zoning Board procedures.”

According to a February 28, 2012 River Reporter article, Mr. McEwan said, “…that the amendment would not only ban gas drilling, but also a number of processes related to gas drilling, as well as high impact uses.” In the same article, Attorney McEwan clarified that, “High-impact uses are the kinds of industries that put out large amounts of pollution….” (BIP Note: The North American Industry Classification System mentioned in the article categorizes industries and assigns them “classification numbers” which can be researched here. The NAICS “is frequently used for various administrative, regulatory, contracting, taxation, and other-non statistical purposes.”

The provisions of Bethel’s Local Law No. 1 of 2012 most-addressed by speakers at the Hearing are these:

  • (6) Land Use Control. This Local Law is intended to act as and is hereby declared to exercise the permissive “incidental control” by the Town of its police power applied to the area of land use planning and the physical use of land and property within the Town, including the physical externalities associated with certain land uses, such as negative impacts on air and water quality, roadways and traffic congestion and other deleterious impacts on a community. This Law is not intended to regulate the operational processes of any business. This Local Law is a law of general applicability and is intended to promote the interests of the community as a whole; and
  • Sections 345-38 which explicitly prohibit injection wells, natural gas and/or petroleum exploration activities; natural gas and/or petroleum extraction activities, natural gas and/or petroleum extraction, exploration or production waste disposal/storage facilities, natural gas processing facilities, underground injection, high-impact uses and other specified activities.

PUBLIC COMMENTS CONCERNING BETHEL TOWN LAW NO. 1 OF 2012:

Although approximately forty people spoke at the the Hearing, Breathing Is Political offers these excerpted remarks as representative of the statements made:

Margarita Gleyzer referred to the fact that some who support H-VHF have called opponents of the process “fear-mongers.” In response, Ms. Gleyzerr  said, “Fear is an innate quality that keeps us from harm. We are not guaranteed jobs from fracking but we are guaranteed damage to our resources. Fracking is not a small town issue; it’s an international concern.”

Jeffrey Allison referred to many claims made by natural gas extraction companies as “myths:”

  • “We’re told there’s 100 years of shale gas in the Marcellus. At best there’s eleven.” (BIP Note: According to the US Geologic Survey, “The Marcellus Shale contains 84 trillion cubic feet of… technically recoverable natural gas and 3.4 billion barrels of…technically recoverable natural gas liquids…” Using US Energy Information Administration data, the U.S. consumed 24.37 trillion cubic feet in 2011. Accordingly, even if all the natural gas in the Marcellus Shale was actually recovered and not shipped to Norway, Japan, etc., we would gain only an additional 3-5 year supply.)


  • “We’re told that H-VHF will bring thousands of jobs but 77% of jobs are filled by out-of-state workers.” (BIP Note: The Center for Economic and Policy Research begs to differ with industry claims of job creation in Pennsylvania drilling areas: “What the data tell us is that fracking has created very few jobs. In fact, employment in five northeast Pennsylvania counties…with high drilling activity declined by 2.7 percent.” (Even accounting for the recession, CEPR calculates a total of “around 1,350 jobs — [which] includes both direct jobs in the gas industry, indirect jobs in the supply chain and induced jobs from spending by workers and landowners.


  • “We’re told that natural gas is cleaner than coal but scientists disagree.” (BIP note: A study issued out of Cornell University reports that gas extraction’s carbon footprint is likely larger than that of coal production.)

Richard Gebel and many other speakers spoke to the natural beauty of Bethel that might be laid waste by high-volume hydraulic fracturing.

Physicians such as Larysa Dyrszka, James Lomax and Hal Teitelbaum spoke to the human health impacts of H-VHF.  One of their shared concerns is that New York State’s draft Supplemental Generic Environmental Impact Statement largely ignores those human health impacts. They talked about the dangers of Naturally-Occurring Radioactive Materials (NORMs) and their impacts on water, soil, our foodshed – our human ecology. (BIP Note: Gas Drilling Tech Notes — with which BIP is affiliated — has an extensive library of scientific articles concerning H-VHF, the waste and radioactive materials produced by the industry’s processes and their impacts on natural and human environments.)

Eric London, a physician and researcher remarked that to begin fracking without a health impacts study would be unethical and he commended the Town Board for its efforts to protect the residents of Bethel.

Jennifer Young, a Bethel farmer, thanked the Town Board for taking a proactive stance. “The National Farmer’s Union has called for a moratorium. I raise free-range eggs and I depend on the quality of our land and water resources. We must support our farmers. We’ve seen an 18 percent decline in farms where gas extraction occurs.” (BIP Note: Apparently, Ms. Young was referring to a 2007-10 study conducted by Dr. Timothy Kelsey at Pennsylvania State University’s College of Agricultural Science. In his conclusions, Dr. Kelsey states, “Changes in dairy cow numbers also seem to be associated with the level of Marcellus shale drilling activity. Counties with 150 or more Marcellus shale wells on average experienced an 18.7 percent decrease in dairy cows, compared to only a 1.2 percent average decrease in counties with no Marcellus wells.”)

Kate Kennedy, a local business owner and resident in the Town of Delaware said, “We need our creamery. We need our slaughterhouse. We are poised to be the New York City foodshed. Fracking will endanger that.”

Laura Berger responded to frequent industry claims that New York State’s regulatory structure and oversight are the “toughest” by citing to The Environmental Working Group’s assertions that New York State is ill-equipped to oversee H-VHF and quoted, “New York has just 14 inspectors to oversee 13,000 existing natural gas and oil wells.”

Ronald Turner said, “This is a big moment for the Catskills. It might be the biggest since our towns were flooded to create the reservoirs. Fracking is not conducive to the qualities that draw people here.” He asked what would happen as the underground infrastructure that’s necessary for H-VHF begins to decay. “Who will monitor that decaying infrastructure,” he asked.

Of the speakers who asked the Bethel Town Board to delay passage of legislation that would ban H-VHF within the Town’s borders, Bill desRosiers of Energy In Depth‘s Marcellus affiliate — the public relations arm of the Independent Petroleum Association of America (IPAA) — was the first to speak and urged the Town Board and Hearing attendees to visit the website, “Frac Focus.” “You can track every well drilled,” he said. “You can find GPS locations and view the chemicals used.” (BIP Note: As Jill Weiner remarked  in her subsequent rebuttal of Mr. desRosiers’ statements, release of chemical-usage information is voluntary, not mandatory.  Further, the Frac Focus site states, “Because the make-up of each fracturing fluid varies to meet the specific needs of each area…” there is still no way of knowing which chemicals were used at a specific site. Additionally, only non-proprietary chemicals are listed at Frac Focus.)

Mr. desRosiers also referred to the March 15, 2012 press release from the Environmental Protection Agency detailing its findings to date on water samples from Dimock, PA. “EPA’s testing in Dimock failed to show elevated levels of contamination,” he claimed. (BIP Note: A reading of the actual press release shows that contamination was discovered, that the testing is incomplete and that “EPA will continue to provide water” to three of the homes which are currently receiving such deliveries. Relatedly, Water Defense has asked several serious questions concerning EPA Region 3’s handling of the Dimock situation which has diverged significantly from investigations conducted by other EPA regional offices. Following EPA’s March 15th announcement, Dimock-resident Scott Ely drew water from his well and collected it in a plastic jug on March 16, 2012.  Thanks to Michael Lebron for this timely photo.)

In conclusion, Mr. desRosiers asked the Town Board to delay its approval of its proposed Town Law 1-2012, “Appeals will be filed in the Dryden and Middlefield cases. I urge you to await the results of the appeals process.” (BIP Note: Mr. desRosiers reference is to two recent New York State Court decisions which upheld the right of local jurisdictions to restrict certain activities within their boundaries.)

Sondra Bauernfeind, the former Chair of the Sullivan County Conservative Party, opined that “Zoning reduces property rights” and reiterated Mr. desRosiers’ request that the Town Board delay approval of the proposed law until “higher courts weigh-in” on the Dryden and Middlefield decisions. Further, Ms. Bauernfeind suggested that laws which prohibit a landowner’s exploitation of his/her property’s resources amount to a taking. “Delaware County wants $81 billion from NYC for property takings.(BIP note: Several courts have dealt with this issue of “takings” (or “Inverse Condemnation” as it’s known in the law) and many legal scholars have concluded that such claims will be struck down in the courts. An introduction to the topic can be found in BIP’s article, “Gas Drilling: Inverse Condemnation: Private vs. Public Interests.”

Harold Russell, a former Bethel Town Board member and opponent of the proposed Town Law pointed to foreclosures in Sullivan County and the dearth of employment for young people in our communities. “Use your heads not your politics!” he finished. (BIP Note: For more on property values, mortgages and natural gas extraction, please see “Rush to Drill for Natural Gas Creates Conflicts With Mortgages.”)

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In addition to the many Town of Bethel residents who spoke, residents from the Towns of Delaware, Lumberland, Cochecton and Callicoon were also in attendance, due, presumably, to the potential for natural gas exploration, extraction and processing activities being conducted in their Towns.

If you live in a Town where high-volume hydraulic fracturing is being considered, be aware that the process in Bethel has taken, to date, approximately fifteen months.  One resident close to Bethel’s process suggested,  “It makes sense for Towns just looking into zoning protections to consider a moratorium first.  With that in place, they can begin to address potential zoning changes.”

For more information on moratorium efforts, The Community Environmental Defense Council —  David and Helen Slottje —  is the  non-profit public interest law firm based in Ithaca, New York that worked — for free —  with  Bethel and many other Towns in New York. 

The Community Environmental Legal Defense Fund (CELDF), based in Pennslvania,   “is a non-profit, public interest law firm providing free and affordable legal services to communities facing threats to their local environment, local agriculture, the local economy, and quality of life.  Our mission is to build sustainable communities by assisting people to assert their right to local self-government and the rights of nature.”

 

 

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Open Letter from Glenn Kroll, Candidate for Sullivan County District Attorney


Dear Breathing Readers:  On October 22, 2009,  I  invited  Attorneys Jim  Farrell and  Glenn Kroll (candidates for Sullivan County District Attorney)  to publish  open letters of interest and intent to local voters in the Breathing forum.   I  welcomed them to present their views and policies at length  because our  readers  care deeply about the future of  our beautiful, generous and often, beleaguered county.  We  deserve a forum in which  pertinent questions are  posed and thoughtful answers are provided.

Although Mr. Farrell has not  responded as of yet, I am very pleased to publish  the following Open Letter from Mr. Kroll and express appreciation for his support of a public exchange over issues as urgent as crime, poverty, education, our diverse cultures and the futures of  our grandparents and grandchildren:

Dear Sullivan County Voter: October 30th 2009

When asked why I was running for District Attorney, my response was straightforward: as an experienced trial lawyer and elected Bloomingburg Village Justice for the past four years, plus my unique background in both Law and Education, I was in a position to help my home County in new and positive ways for all of us.

I graduated from college in 1993 and New York Law School in 1996. For two years I taught in the New York City School System, having been appointed as Dean of In-School Suspension. It was an eye-opening opportunity to learn how children go wrong – and how their self-destructive behavior can be turned around. I understand how today’s young bully can become tomorrow’s gang member with guns. THIS MUST STOP!

We all understand that our criminal justice system is mainly geared to finding, arresting and prosecuting criminals. My legal training and experience as a trial attorney and Village Justice certainly qualifies me to handle that part of the DA’s job. But when I researched the operations and accomplishments of our DA’s Office over the past 20+ years, I discovered something very important had been completely overlooked:      almost no crime prevention programs or efforts had been undertaken in the last three decades!

As so many District Attorneys in New York State (and the nation) have learned, it’s vital that our DA’s office  become an integral factor in initiating and maintaining local crime prevention efforts in Sullivan County!  Let’s stop crime together in your community and your schools.

The slumping economy is also causing increased crime in our County: the economic crisis has caused a high level of crime in Sullivan County to become even worse. Drug use, drive-by shootings and illegal assault weapons on our streets, have increased dramatically in just the past few years!

My unique professional background will  add a new dimension to the District Attorney’s Office in the form of a strong and proactive program of CRIME PREVENTION in our County.

The DA’s office is, first and foremost, the arm of our legal system that protects the County’s citizens by prosecuting those who break the law. I intend to do just that with:

1.RELENTLESS Prosecution of the Real Criminals: The gangs, the shooters, the drug dealers, the child molesters and the second and third time felony offenders.

2.RESPONSIVE Community Input – the key factor in an effective County-wide Crime Prevention Program. As District Attorney, I will implement a network of Community Liaisons who will work closely with the DA’s office to share their specific concerns and needs for law enforcement in their communities. As District Attorney I will be ACCESSIBLE, APPROACHABLE and FAIR!

3.RESPONSIBLE Fiscal Control. Everyone in the Country is feeling the pain of these hard times. The District Attorney’s office must also conserve taxpayer dollars whenever possible. I pledge to run a lean, but more efficient operation.

My vision and energy will lead the District Attorney’s Office in the uncertain and dangerous years ahead. With your vote and support, we can begin to turn around the growing problems of crime in our County. It is important to all of us. Please do not hesitate to contact me if you have any questions or concerns. I look forward to hearing from you. Please make sure to vote on November 3rd.

Thank You,

Glenn Kroll

VOTE ROW “A” or “E” November 3rd Election Day

(845) 733-1065

 

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DEC Holds Drilling Hearing at Sullivan County Community College


The  NYS Department of Environmental Conservation (DEC) held one of only four  state-wide Hearings on  drilling and hydraulic fracturing at Sullivan County Community College on October 28, 2009.

The vast majority of the standing-room-only crowd was opposed to drilling in New York State.

Few or none  of the opponents drew a distinction between drilling in a watershed or anywhere else.

Most or all  asked for additional  time so the public can read and  comment knowledgeably on the DEC’s  800+ page  “Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Drilling in New York State.” (DSGEIS)

They asked that  several  more public hearings be scheduled throughout the state because some had driven three or more hours to attend last night. (Note:  When I left at 11:00 PM, the meeting was still going on.)

Several local highway superintendents described their local roads as  “substandard”  and worried about the damage that will be wreaked by the enormous volume of truck traffic  necessary to drilling.  Uniformly,  they asked that the DEC inform local municipalities when each drilling application is made so that Road Use Agreements can be drafted in a timely fashion and so that control of local road use will reside with the towns.

Town Supervisors reiterated what the Superintendents said and went further.  Jim Scheutzow (Town of Delaware) said,  “We need the gas companies to step up.  We  don’t have the resources to  take care of the  roads.”

Jim Greier (Town of Fremont) laid out the specifics,  “We have  1391 people,   84  miles of town roads,  16.8 miles of county road, one gas station, two bars and no extra funds  for repairing roads that are damaged by extra heavy trucks.”

One Building Inspector, citing to the lack of local  prerogatives,  raised a point that’s bothered drilling opponents from the beginning,  “No drilling company’s come to me for a permit.”

Perhaps the greatest applause was saved for Luiz Aragon, Sullivan County’s Planning Commissioner and Maria Grimaldi, a tireless advocate for  a sustainable local ecology and economy.

“Despite DEC’s efforts,” said Mr. Aragon,  “many citizens remain concerned by  DSGEIS on many issues.  I respectfully request that the cumulative impacts and socioeconomic concerns be fully-addressed.”  He included, amongst others,  the impacts on municipal infrastructure,  standards of notification,  safety to muncipalities, protection of aquifers and  the overall health and welfare of our communities.

They were not empty words.  Referencing the Sullivan County Legislature, Mr. Aragon called attention to  the potential for drilling in flood plains and called the body of legislation salient to environmental protection, “inconsistent.”   After listing  several recent accidents and incidents of contamination by the drilling industry,   the County Planning Commissioner called for bans on open pit  storage and drilling in all flood plain zones.  He urged the DEC to add a requirement  that the contents and composition of frac fluids be posted at  drilling  sites and with emergency responders.  “Our County remains concerned that municipalities must be permitted to issue  local laws without fear of lawsuits.  The cumulative impacts of  pipelines and compressors will be huge.   It is unclear that mitigation can be effected if contamination of ground water occurs.”

When Maria Grimaldi said,   “The DEC’s  DSGEIS  seems to be enabling an industry that is not compatible with  protecting our environment,”  the crowd roared approval.  Her follow through was received even more noisily, “I’m concerned about conflicts of interest between state  governments  and  the gas drilling industry. Where did the information come from for the DSGEIS and  who was consulted?  We should require that no  high level   public servants can work for the gas companies  for four years after leaving public service…. How  will we be  protected by accidents that inevitably happen?  There have been  failures in eight  states with human error being the  leading cause  of systemic failures.”

On and on, opponents  stepped to the podium.  They asked for a clear delineation of  responsibility  for oversight of drilling practices and  enforcement of  regulations,  “What will happen when there’s an accident?  Who will respond?  How will the rights of  residents who didn’t sign leases be protected when their wells are contaminated?  How can we test our wells  [when they’re contaminated] if we aren’t allowed to see a list of the chemicals the industry used?  How can we  prove liability and recoup  our lost property values?”

Some worried that DEC regulations do not prevent the drilling industry from drawing down our groundwater supplies but the umbrella concern remains this,  the DEC’s  Draft Supplemental Generic Environmental Impact Statement admits that it does not review the cumulative  environmental and socio-economic impacts of drilling.

Most opponents demanded  a halt to drilling,  calling it  a dangerous activity while citing to groundwater, human, flora, fauna and soil poisonings from Pavilion, Wyoming to Dimock, Pennsylvania.    One speaker referred to The  Precautionary Principle,  “Let the industry prove, within the context of  the wholesale destruction of an entire ecosystem [Dunkard Creek], that their technology is  safe.”

Members of the audience who want us  to “Drill, Baby, Drill”  included representatives of  IOGA-NY (Independent Oil and Gas Association lobbying group),  Noel Van Swol (Sullivan-Delaware Property Owners’ Association), Chesapeake Energy and David Jones (Owner, Kittatinny Canoes).

The Chesapeake representative stated, “Banning drilling anywhere would be inappropriate.”

The IOGA-NY  industrial spokesperson objected to  the DEC’s  DSGEIS,  “It  goes   too far and puts   us at an  economic disadvantage  compared to PA.   Many companies will walk away from exploiting the   Marcellus Shale   if the DEC continues to  move so slowly.”

Mr. Van Swoel claimed that,  “Ten percent of Sullivan County Land is under lease” and then quoted Newt Gingrich, “We should let the industry drill down.”

Opinion:

Last night  was  my third public meeting on the subject of drilling  and I salute those who’ve attended regularly for the past two years.  I don’t know how you do it.

Breathing is dedicated to an open forum;  not because I’m particularly nice, but because I believe  our world is on numerous brinks and  I’d like to help steady rather than destabilize it.

Last night I had to face the truth: I’m divided against myself.   The  lies and drivel that were uttered last evening by “Drill Now!” proponents   left me quivering.  My stomach was so roiled by  contained outrage that  vomiting was an imminent worry.

I wanted to listen politely.  I wanted to hear their words  in silence.  I wanted to find any points of agreement because I want to save our land and spend my days  building a sustainable local community.

Instead, drilling proponents made baseless assertions about safe practices and   denied that accidents have occurred or that lives and livelihoods have been destroyed by fracking poisons. They lied about the types of chemicals used and turned aside questions about  industry liability when contamination inevitably occurs.

As already covered by Breathing, nobody seriously believes the drilling industry will “walk away” from the brilliantly lucrative prospect of the Marcellus Shale.

IOGA-NY’s insistence  that the  DEC’s Draft Supplemental Generic Environmental Impact Statement on Gas and Oil Driling goes too far is inconsistent with the DEC’s own recognition that the DSGEIS ignores the cumulative impacts of drilling on our entire ecology.

Nobody in a position of policy-making (including the drilling companies) have answered  the real questions:

  • Why did it take Pennsylvania’s Department of Environmental Protection nearly three weeks to close down Cabot-Halliburton when the Dunkard Creek ecosystem was destroyed?
  • Who funded the Penn State study that touted the economic benefits of drilling in Pennsylvania?
  • Who will oversee drilling and fracking?
  • Who will enforce the already flimsy regulations?
  • How will people know what’s contaminated their water if  they aren’t allowed to know the nature and composition of drilling chemicals being used?
  • Who will clean up the mess when  inevitable accidents happen?
  • Who will make the residents of Fort Worth, TX,  Dimock, PA, Pavilion, WY and New York State  whole for the loss of their water and property values?
  • What will we drink or use to grow our food when the water’s destroyed or requires  remedial interventions that nobody has been able to describe because they simply don’t exist?

Wes Gillingham of the Catskill Mountainkeeper has been to nearly all the meetings.  He’s knowledgeable about the issues and the land.  I echo his words from last night,  “I’ve tried to be patient.  I’ve tried to weigh all sides.”

But here’s my truth:  “Civility” does not require me to be silent in a packed hall when industrial interests are shoving the rape of my world down my throat.  “Civility” does not require me to listen politely to greedy lies.  Nor does “civility” require that I acquiesce sweetly to an  industrial oligarchy.

More importantly,  Justice requires  that the money lenders  be “driven from the Temple.”

 

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Natural Gas Leases/Hydraulic Fracturing: One Property Owner’s View


(Dear  Readers and “River Valley Resident”:  In an effort  to provide a  community forum where divergent and frequently  noisy  views can be aired,  Breathing has  solicited articles from property owners who are considering signing   natural gas leases or who, after months of  deliberation, have completed the signing. There have been difficulties  and  I had to decide whether or not to publish an anonymous post.  In the end, I decided  a wide-ranging discussion of  the issues facing our communities is more critical  than identifying our author who fears for her job if her name is released.  I hope her obvious concern for the land and our cultures is sufficient to set minds at ease.  She’s known to me.  She’s not a figment.  She’s not greedy and she’s not oblivious to the dangers posed by drilling —  and cited to regularly  by Breathing.  Hers  is an important voice that sheds light — whether or not you agree with her conclusions.

For months,  the author researched, examined  and agonized.  Breathing is grateful that she chose  to speak in this forum despite her misgivings. Unhappily  — given the high passions on both sides of the discussion  —  being a kind of bridge in the middle can invite  vilification and  distrust from  those standing on the  opposite shores. Thank you,  “River Valley Resident”  for  grappling   with the question,  “What does stewardship of   our lands and communities demand of us?”   Although I disagree that “drilling is inevitable” or that its dangers and impacts can be mitigated,  your  question and profound determination to preserve and protect are what join  us.  Indeed, if drilling  spreads  inexorably,  then your efforts to protect may be the last arrow in our quiver.

In part, I hope readers will  respond with suggestions  helpful to landowners  who’ve been cut off   like islands in the midst of leased properties.   Thank you,   Liz)

*    *    *   *    *

I have spent months exploring the ramifications of drilling in the area. Unfortunately, I believe it is extremely likely to occur, so I have been trying to learn the dynamics of horizontal drilling and its potential to contaminate the aquifer. I have read numerous articles and finally found what I believe is a good representation of the process. The gas companies appear to make an extremely strong effort to isolate the aquifer from the fracking fluids. Please see this website for visualization:

http://www.geoart.com/index.php?id=1

Perhaps this is all hype by the gas companies, but if they do in fact follow this process it seems that the aquifer is isolated by steel piping encased in cement. Perhaps aquifer contamination is more likely related to the holding ponds where the backflow is stored as it is forced from the well; which brings up an interesting possibility. One. of the drilling companies, (which is one of Hess’s designated subcontractors for this area) is utilizing a patent pending process called “Ozonix”. It apparently removes all organic chemicals, particles, etc. from the flow back as well as nearly all the brine through reverse osmosis. This process can be read about at the following web site:
http://www.wallstreetresources.net/pdf/fc/TFM.pdf

On a more personal level I have found myself in a situation where the majority of the landowners in my immediate area (across the road and next door) have signed leases. Personally, I do not want to see gas drilling in this area, but am somewhat resigned to the power that the Gas corporations wield and feel that it would be amazing if the gas development does not take place. As a result, I have chosen to try to protect my property. I joined [Northern Wayne Property Owners’ Association]  NWPOA a few years ago, because I felt it gave me a chance to do that and also because this group planned to work toward the most environmentally sound lease possible. I have also been a member of the UD Community for several years, and feel fortunate to have had the opportunity to receive information from the divergent viewpoints. As more information came out from both sources I became more and more confused. This caused me to undertake my own research into the fracking process and its potential for adverse environmental effects. Simultaneous to this, NWPOA came up with a lease agreement with Hess. I have not as yet signed that document. However, I did begin researching the drill company that would be working for Hess in my area. It is a company called Newfield and they are using the “Ozonix” process mentioned above in some of their other shale developments. My thought was to attempt to encourage Hess to have Newfield employ that technology here, as it appears to strongly mitigate a lot of the potentially detrimental effects of the frac process. Additionally, it allows the water to be reused at multiple sites, thus greatly reducing the amount of water needed from the Delaware or other sources, as well as reducing the truck traffic on the roads. Perhaps, I have been taken in by good PR, but I also believe it is in the Gas companies’ best interests to develop these wells as efficiently as possible. If they are drilling and allowing the gas to somehow escape into the aquifer then that is gas they can’t bring to market which spells a loss for them. I have been an environmentalist for well over 40 years and if I had a magic wand, I would surely make this all go away, although I do completely understand the local farmers’ support of this issue. I guess the bottom line for me is that I believe the gas development will occur and that the best approach is to do all within our power to make it happen in the most environmentally responsible way possible. This means supporting companies like Newfield and trying to have them employ the frac recycling process called “Ozonix”. It also means supporting legislation in Congress such as the “Frac Act” which requires companies to divulge their “formulas” for the fracking mud. The Clean Water Restoration Act also needs support to return some of the strength sapped from it, by our previous administration. Will I sign a lease with Hess…I honestly have not been able to decide as yet. I fear drilling around me, and with no lease, if there were any problems, I would be up against the Gas Company on my own. The lease ensures that they will mitigate any water contamination issues, or provide bottled water if necessary. Granted this is not a great solution, but it is probably better than trying to deal with it unassisted.

I know that there are many people like myself who are conflicted over this issue, and struggling with making the right decision. I could never refer to myself as “pro-drilling”. Perhaps, a more appropriate classification is “pro-preservation”. I would like to see this area remain as much like it is right now as possible. This may be a false hope, but I honestly believe that trying to influence the gas companies to use the very best practices possible here, is a more achievable goal than stopping the entire process. I would greatly appreciate comments, as I have been struggling with making a decision for a long time. Thank you for taking the time to read this. I hope that I have not inadvertently insulted anyone’s viewpoint. I am merely trying to illustrate what a lot of people are feeling.

October 7, 2009. Since writing the above comments, I have had numerous discussions with Gas Company representatives about exactly what signing a lease would mean. My first thought was to obtain a conservation easement or deed restriction on my property so that the only gas related activity that could take place would have to be subsurface. I was informed that they were not accepting properties with conservation easement unless they were large commercial properties where portions of the surface land are critical to continuing their businesses whatever they may be. I then discussed the amount of acreage I have with the gas company, its geography and location and they told me that it was highly unlikely that they would place a drill pad on a piece of property the size of mine, nor would they likely place a road there. However, they could not guarantee this. So, to sign I would have to accept the remote possibility of surface activity. This gave me a lot to think about. But, perhaps more important than that is what the gas companies do with the individual leases they own. As most people know there are at least 3 major players in the area: Chesapeake, Cabot and Hess. Although you may sign with any of these companies, it does not mean that they will be the company developing your land. In order to create a drilling unit, they need about 640 contiguous acres. In some cases, they may have this from large farms or adjoining properties that have signed. But they may also have an area they would like to develop where the mineral rights have been leased to different companies. The gas companies now trade leases to obtain the acreage they need for development. It’s just like Monopoly where you need all the cards in a block to build houses. So, Hess’s drilling company, Newfield, with the innovative and environmentally sensitive technology may have nothing to do with the development of gas on the land of Hess lease holder. The terms of the lease remain the same as far as per acre compensation, royalties, and environmental mitigation, if needed. But, you could sign with Hess and Newfield, and end up with Cabot and Halliburton. The initial signing deadline has come and gone. I may or may not be on a secondary list. I am not sure at this point, since I haven’t gotten any emails lately from the group.

Have I done the right thing, I honestly don’t know. I have turned down well over $25,000 in guaranteed lease payments, and the potential for royalties. If the area near me is made into a drill unit and all goes well and the water stays good and the roads are removed and replanted when the development is complete will I have regrets? If the area is developed and the aquifer is contaminated and I can’t sell my home and have to sue one of these companies for compensation will I have regrets? More importantly what would you do in my situation? I could probably still sign a lease…..should I? I would really appreciate it, if you could try to put yourself in my place and honestly consider what you might do. Thank you for taking the time to read this.

a river valley resident

(Tomorrow:  The National Council of Churches on the issue of drilling.)

 

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Gas Drilling Reps Grilled In Sullivan County


According to a press release from the Independent Oil and Gas Association of NY (IOGA-NY),  “The Independent Oil and Gas Association of New York together    with the Sullivan County Partnership for Economic Development (Partnership)**  will host a public information session to address the environmental, scientific and economic aspects of natural gas exploration.”

At their blog, Marcellus Facts,  the IOGA-NY’s  agenda is described in significantly different terms,    “You can review media coverage, our Homegrown Energy booklet and other materials that highlight the many benefits of natural gas exploration of the Marcellus Shale.”  (Italics added for emphasis.)

Fifteen minutes before the 6:30 start time, Bernie’s parking lot was full and cars lined the side of the road.

The meeting opened  with  remarks  by IOGA-NY’s  reps who boasted degrees in hydrology, geology and jurisprudence.  They were, with the exception of the attorney,  folksily garbed in blue jeans and low-key short sleeves.

The audience settled in to view,  “Homegrown Energy,”  IOGA-NY’s  self-described  “educational”  film  which provided a  cartoon-style description of  the drilling and hydraulic fracturing  process.

One audience member asked why IOGA-NY  had shown us a cartoon rather than a video of actual fracking operations.  “We’re not children,”  she added.  A while later, the sentiment was amplified by someone else,  “Why cartoons?  Why don’t you show us how the drilling and fracking look in Fort Worth and Dimock?”

The cartoon film  illustrated each stage of the drilling/hydraulic fracturing  process.  At one point,  it assured us that the cement casings (barriers) that are constructed to retain the toxic  fracturing fluids and gas are  safe and reliable.  (However,  after a house exploded in East Lake, Ohio, “The Ohio Department of Natural Resources later issued a 153-page report [2] (PDF) that blamed a nearby gas well’s faulty concrete casing and hydraulic fracturing [3].)

The cartoon attempted to allay fears concerning the toxic  ingredients found in hydraulic fracturing fluid (“mud” — which is injected through the well bore under enormous pressures  in order to fracture the shale bed and extract the natural gas contained there.)  According to the educational film,   the “mud” contains a soup of  additives necessary to the process which are commonly  found in antibacterial hand washes and dish liquid.

(For information concerning some of  the human health concerns surrounding  hydraulic fracturing, please click here for an article at the National Institutes of Health.)

The film did not address the Environmental Protection Agency’s list of hydraulic fracturing toxins which includes diesel fuel  “…sometimes a component of gelled fluids. Diesel fuel contains constituents of potential concern regulated under SDWA – benzene, toluene, ethylbenzene, and xylenes (i.e., BTEX compounds). The use of diesel fuel in fracturing fluids poses the greatest threat to USDWs because BTEX compounds in diesel fuel exceed the MCL at the point-of-injection (i.e. the subsurface location where fracturing fluids are initially injected).”

Industry reps at the Rock Hill meeting  denied that  “mud”  used at their wells will  contain  toluene even though “Benzene, toluene, ethyl benzene, and xylenes are naturally present in many hydrocarbon deposits, and may be present in drilling and fracking chemicals.”) Indeed, the  EPA’s 2004 report also states that not all of its listed toxins are present at all fracking operations.   This inconsistency and the  fact that   “The 2005 Energy Policy Act excluded hydraulic fracturing from [Safe Drinking Water Act]  jurisdiction,”  are why   Representatives Diana DeGette and Maurice Hinchey among a  few others have introduced  The Fracturing Responsibility and Awareness of Chemicals Act, which amends the  Safe Drinking Water Act.

According to DeGette,  “The legislation would repeal the exemption provided for the oil and gas industry and would require them to disclose the chemicals they use in their hydraulic fracturing processes.  Currently, the oil and gas industry is the only industry granted an exemption from complying with the Safe Drinking Water Act.”

In response, one of  IOGA-NY’s representatives quipped,  “Since we were never covered by the Safe Drinking Water Act,  you can’t  say we were exempted.”

Mr. Noel Van Swol, a property owner in Sullivan County who’s apparently affiliated with the  Sullivan-Delaware Property Owners Association was in attendance at the Rock Hill meeting.   When asked by Breathing if he would support the “FRAC Act,” and a severance tax on the gas industry  he was unequivocal,  “There’s no need for it.  The Frac Act is just  another instance of Maurice Hinchey trying to get publicity for an unnecessary law and we don’t want a severance tax.  We want the industry here,  not drilling someplace else.”

(Please see this list of organizations which asked Governor Rendell to  support a severance tax.   Considering the massive natural gas potential of the Marcellus Shale,  few people believe the gas industry will  abandon it  to avoid paying a modest tax.)

In fact, one Wayne County  resident who’s recently signed a lease,  contacted  Breathing to suggest we join  forces to  support the Frac Act and a severance tax on the gas industry.  In an email, she wrote, “I hope that both sides can drop the vitriolic language and concentrate on working together to get clear local, state, and federal oversight of the drilling process including a severance tax so that even those people who do not dirctly benefit from the drilling will see some kind of community financial remuneration for the burdens we will see put upon our communities by the drilling. I also feel very strongly that the 2005 exemption from the Clean Water Act that fracking enjoys must be removed by Congress.”***

Most of the audience’s questions had to do with reports of noise and water pollution resulting from the drilling and  fracturing processes.  Maria Grimaldi described her trip through a gas drilling  area in New Mexico.  “It was awful.  I couldn’t get out of there  fast enough.”

Industry representatives reminded the audience that  any construction site  is noisy.   A  drilling proponent said,  “Look around you, folks.   We need the jobs and the money these drilling companies are going to bring.   I can put up with a month of ‘boom, boom boom.'”

Some residents living near Texas’  Barnett Shale disagree.

When the IOGA-NY geologist was questioned about reports that hydraulic fracturing had stimulated earthquakes,  the geologist claimed to have never heard such allegations.  Further, he denied knowing anything  about New York State’s history of earthquakes.

Another concern audience members expressed had to do with storage of the fracking fluid once it’s been extracted from the ground.  Citing Sullivan County’s history of flash floods, one  person asked how the  toxic frak fluid would be stored and who would oversee its disposal.  Industry representatives said that they would review individual situations but  tended to think  “we’ll store it in tanks because of the flooding.”

At one point in the evening.  IOGA-NY  was  asked specifically about incidents of toxic contamination in  Pavilion, Wyoming,  Dimock, Pennsylvania,  dead cows in Louisiana and tap water catching fire.  At first,  the Industry reps   dismissed those worries but backed off slightly when a recent EPA report and ProPublica story  about Wyoming were mentioned.  In part, the article states, “‘It [contamination] starts to finger-point stronger and stronger to the source being somehow related to the gas development, including, but not necessarily conclusively, hydraulic fracturing itself,'” said Nathan Wiser, an EPA scientist and hydraulic fracturing expert who oversees enforcement for the underground injection control program under the Safe Drinking Water Act in the Rocky Mountain region.”)

When one of the Industry representatives asked where people were getting  their information, several audience members shouted out,  “Water Under Attack!  Josh Fox’ movie.”  There were also suggestions that members of  The Partnership and IOGA-NY  watch the film.  In response, one of the Industry presenters said,  “I’ll talk to [Mr. Fox].  I’ll talk to anyone.  Give him my card.” ****

In another back-and-forth having to do with water contamination,  IOGA-NY  reps told the audience that New York State’s  Department of Environmental Conservation is one of the strictest and best environmental enforcement agencies in the fifty states.  In consequence, he added,  New York residents won’t experience the same kinds of  problems encountered by residents elsewhere.  When Breathing asked if  strict oversight would be required in New York to keep  us safe from the Industry,  the response was, “Gas drilling is  an industry.  Industrial accidents happen.”   In a follow up question,    Breathing asked how many DEC oversight and enforcement personnel would be required to keep  our environment safe from the Industry.

I got the same answer  from  IOGA-NY as was offered by  the  Delaware River Basin Commission on July 15, 2009.   No answer.

******************************

**When the  meeting adjourned,  Breathing  Is Political and a friend of Light Up The Delaware River  had an opportunity to discuss the evening’s event  and hydraulic fracturing with Mr. Tim  McCausland, President and CEO of the Partnership.  I first asked Mr. McCausland   to clarify  his organization’s relationship with IOGA-NY.   “I wouldn’t call it a ‘relationship,'” he answered.  “They approached us.  Offering sessions like this is part of what The Partnership does.”

This morning,  Mr. McCausland sent  me The Partnership’s  recently-released position statement on gas drilling which reads, “The Sullivan County Partnership for Economic Development believes strongly, that if government and industry can collaborate to properly protect and preserve our environment, the development of a natural gas industry in Sullivan County could create substantial economic and fiscal benefits for our landowners and communities  — and while the direct economic impacts are vital, the industry must strive to produce:  (a)  a business model that is locally sustainable, and (b) policies that result in a meaningful shift toward energy independence.”

(Breathing encourages you to share  your views of the Partnership’s position in our comment section.  I will happily forward  them to Mr. McCausland.)

***Breathing endorses  this  suggestion wholeheartedly by offering  the letter-writer a column here.   While the rest of us stumble  in the dark looking for a way to bridge the divide between “pro-drillers”  (a misnomer)  and  “anti-frackers,”  (please!)   she offers  a way to cooperate  for the good of us all.

****A request with which Breathing complied immediately.



 

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Planning A Party On A Shoestring


(I was going to write a Light Up The Delaware River Party wrap-up today but seeing as how photos and stories are still coming in,   I’ll wait  a  few days.)

Dear Drilling Companies That Are Eying Sullivan County (Part 2):

I promised yesterday to  provide you with  a short primer on  “How to organize a 330-mile party in under  five weeks for less than $1,000″  so,   gather round.

(Oh good!  Mobil-Exxon’s with us today. Welcome, welcome!)

1.   The first thing you need when trying to organize a community is a good idea.  It should be easily explained and understood and it should include a component of fun.  (Your idea for  filling the shale bed with toxic chemicals and consequently polluting the land and water is easily enough understood and explained but honestly,  the “fun” piece is  missing.)  For instance, my idea for Lighting Up The Delaware River Party came from Gandhi leading  the Indian people to the sea to make salt.  He wanted them to reclaim their resources and the strength  that comes from working shoulder-to-shoulder in an act of solidarity. So we started with that idea and added puppets, songs, movies, dance, poetry, a canoe regatta, campfires,  kayaking.  It was a blast!

What’s the genesis of your idea?  This is important!  When I asked one of your spokespeople outside the July 15, 2009 DRBC hearing if he’d be willing to put your toxic chemicals in an impermeable container and then place them  in his child’s  glass of  water,  he said, “No!”  without hesitation.  It’s just not a good way  to garner trust and support.  And more important,  it’s just not fun.

2.  You have to meet people where they live. Seriously,  the way you’re going about selling fracking fluids and contaminated wells needs some honing.  It’s no good sitting in a meeting room hoping we’ll  find you.  (Many of us are hanging on by a thread and what with working 2 or 3 jobs,  we don’t have a lot of  time or energy  for your little soirees.)

And for sure,  it doesn’t help your case  to simply deny there’s a problem.  Granted, most of us who’ve been  living in  The Basin or rural New York, Colorado, Wyoming, Pennsylvania, Texas, Louisiana and Ohio  for decades or centuries don’t have a lot of financial  resources but we’re not stupid  for Pete’s sake.  We can read a local newspaper!  We know about Dimock, PA,  Texas, Colorado, Wyoming, Ohio…  It doesn’t help your cause if people  think you’re hiding  a bunch of garbage in a closet.  So in your interest, I  urge you to  come clean.

3.  The best way to promote an idea in a tight-knit community is to  be vested in that community and to have a ton of good-hearted friends:  join the local fire company;  become a well-known agitator whom people trust whether or not they  like you and help bolster your local resources —  rivers, land, schools,  local production & distribution of food and goods.   The list is long and varied so step right up.  Here are a couple  PR beauts you could jump on in a split instant:

  • Vest yourself in the community.  I know it’s not a tact you’re familiar with so it bears some explanation.  For instance,  you can volunteer to help farmers get the hay in during the season.  You can deliver cups of coffee to our  volunteer  firemen who work long hours all day and then roll out of bed when the fire alarm peals.  If that sounds like overkill, at least  provide jobs for local people.  They’ll remember you fondly, I promise!
  • Support the  Fracturing Responsibility and Awareness of Chemicals Act of 2009 so all the nervous Nellies out there feel appeased and safe.  If history’s a clue, you probably won’t have to  fix any of the problems you create but at least you’ll look responsible.
  • Stop funding Congress.  It makes you look bad and detracts from the wonderful product you’re promoting.  (People end up thinking you couldn’t sell gas drilling to a tribe of orangutans without having most of them in your pocket.  You can see how unwholesome it makes you appear.)
  • Pay the damned severance tax you convinced Pennsylvania Governer Rendell to pull.  Are you nuts?  (I’m asking as one organizer to another so don’t get in a huff.)  The tax will cost you barely anything in the billion dollar scheme of things and it’s great publicity.  Pay the tax and look like a regular guy.  You can’t buy that kind of good press.
  • The next time you convince a major  American university like Penn State to write a bogus “economic impact study” for you, at least fess up that you funded it.  (Again, we’re not stupid and it makes you and your university stooges look sleazy.  Sorry.  I can’t help you if we can’t be forthright with each other.)
  • If you aren’t vested in the community and you can’t distinguish Sullivan County from Wayne or Orange,  or if  we look like  numbers on a geologic plat map to you, here’s a great idea:   recruit a local organization to front for you.    (I’ve gotta’ tell ya’,  this is a really important piece and the whole Sullivan County Partnership  thing?  You blew it.  True or not,  most of us don’t think they could find the teats on a hog.   (Let’s try this:   give  me a call  and we’ll see if we can’t find you someone less…forgettable.)

Another big help is to know your local media and be trusted by them.  I’ve got to hand it to you on that point.  The work you’ve done with the media in Wayne County, PA  has been inspirational!  Almost as impressive as the national silence on some of the  “ooops”  factors you’ve precipitated in Dimock, Fort Worth and elsewhere.

And that’s where I think we can collaborate.   I’ll introduce you to the crackerjack local media who’ve remained beyond your reach and you can get me 10 minutes  on Lou Dobbs.

Deal?

 

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