Before   Sullivan County Legislator,  Dr. David Sager,  (District 1)  took the podium  at his press conference this afternoon,  he arranged a pair of yellow and blue campaign signs on either side of the podium.  The signs proclaimed,  “Sager  for State Senate. No nonsense. Honest Leadership.”

Literally, the  announcement may  change the face of  NYS Senate District 42.

Not only did Sager  announced his intention to  challenge long-time incumbent Republican John Bonacic, but   he will do it as a Democrat.

Sullivan County Democratic Chair, Steve Wilkinson,   introduced Dr. Sager and welcomed   Delaware County’s  Democratic  Chairwoman Cindy Lockrow-Schimmerling and various other Democratic Party notables.

“I’d like to address the large elephant in the room,”  Mr. Wilkinson began.  “David  is changing his  political affiliation from Republican to Democrat.  This is not an opportunistic change but a a philosophical change,”  Mr. Wilkinson  continued to loud applause.   “To borrow from Winston Churchill,  ‘There’s nothing  wrong with change as long as it’s in the right direction.’  Democrats wholeheartedly welcome David to the Democratic Party. For too long  the New York State Senate has been the log jam to realizing change in New York. It has been mired in its own personal politics.”

Obviously, it  was not just any elephant Mr. Wilkinson was talking about.  Dr. Sager has held his  Sullivan County Legislative seat as a Republican.  In order for him to face Bonacic as a Democrat  in a  General Election,  he must get the nod from the  Democratic Chairs of the four  counties  which  comprise District 42:  Sullivan,  Ulster, Delaware and  a piece of Orange.

Ulster  County Legislator, Susan Zimet  (D, District 10)  campaigned against John Bonacic in 2006.  Although her effort fell short by roughly 12,000 votes,  it was a strong showing against the then-16-year incumbent. (Bonacic first became a member of the New York State Assembly in  1990 and has served in the NYS Senate since 1998.)  Zimet’s  2006 campaign website is still  up and available for viewing here.

Dr. Sager’s opening remarks  perhaps signaled  the tone he hopes to strike during the upcoming campaign.  “During the course of my service on the Sullivan County Legislature,  I have been honest and passionate. I have not been afraid of issues that were unpopular or complex.  If you liked me as a Republican, you will like me even more as a Democrat.  I will contuinue to champion fair and just causes and it won’t  matter to me if an idea is Republican or Democratic as long as it’s a good idea.  After  years of consideration,  I have changed my party enrollment and  have done so in good conscience.   I still stand  for fiscally  responsible and accountable government but my social views have evolved and are more in concert with core Democratic Party values.”

Taking on some who have criticized him  for  verbal  gaffs,  Sager said,  smiling at  The Times-Herald Record’s reporter,   “I have a reputation for having a  salty tongue — per The Times-Herald Record.  I will continue to be candid and fight for what’s  right. I will put the people first. Our state government is broken…and our current State  Senator is a long-time part of the problem. Unfunded state mandates have crippled  local governments and placed the burden on local taxpayers.”

“State Senator Bonacic  advocates for unfettered gas drilling.  I want a society and  government that asks at what price do we support industrial development that is potentially lethal to us  all.    At what point do we say no to large corporations who put their profits  first?   Gas drilling must be safe, legal, economically beneficial to all and subject  to local controls. We must take a hard look at a comprehensive  Environmental Protection Agency  study of gas drilling.  We must  support the Englebright bill which will institute a drilling moratorium in New York State until 120 days after the EPA releases the results of its study.   It’s a simple, sensible bill.  We can  wait for the science. We have a responsibility to provide safe drinking water to our children and families…. Safe drinking water is a right not a privilege.  Senator Bonacic  has been misguided [about gas drilling] while  I have been demanding a rational approach.  There must be a return to  local control. ‘Drill,  baby,  drill’  is a slogan not a policy.”

At a recent County Legislature meeting, Dr. Sager said  that the drilling issue  should not pit  farmers against non-farmers.  “It’s not an agricultural issue.  It’s about the industrialization of New York.”

“We must ask,  ‘Will the growth we advocate be sustainable?  How will  New York State and  District 42 grow?’  The 42nd District is in the process of becoming an important economic link to New York City  —  an important link to  a  sustainable lifestyle —  industrially, personally and agriculturally.”

On other topics, Dr. Sager  reminded the audience,  “I have sponsored sweeping and meaningful ethics reform for Sullivan County and  I will be at the head of it in New York State.”

“I will champion property tax reform and will be joining  Sullivan County Treasurer, Ira Cohen,  in  continuing to  review  tax exempt policies.  Large tracts of land and living complexes end up off  the tax rolls.  People cannot continue to vacation in the 42nd district for free.”

“I will fight for our schools, teachers and students so students can afford the college education they need and I’m determined to ensure our region has  the  infrastructure it will need  to benefit small businesses.”

“I’m going to need your help.  We need people who passionately support our cause. We need volunteers who will go door-to-door.  Please contact us at:  sagerforsenator@gmail.com until we get our website up and running which will be very soon.”

After his prepared remarks, Breathing asked Dr.  Sager  what he had to  say about local drilling issues and ethics reform.

“The county is in the  process, because of  my fierce prodding, of completely re-doing  our ethics policy.   As to drilling, I have not taken an anti  approach but there has been a general and blind pursuit of drilling without a necessary analysis of the science.  DEC’s  [NYS Department of Environmental Conservation] employees have  said the draft Supplemental Generic Impact Study is seriously flawed and no local official should be questioning that statement.”

Dr. Sager was also asked  how changing his  political party affiliation will affect his status with the Sullivan County Legislature.   “I’ve got a great working relationship with Jonathan [Rouis] and Woody [Elwin Wood]. I intend to caucus as a Democrat.”

A member of the  public  asked,  “Are you going to support green technology that  will help us avoid dependence on  Middle East  oil?”  and Dr. Sager reiterated,  “I want to turn the 42nd District into an area that promotes green technology. It’s how we’re going to grow our area.”

When Breathing asked a Sager supporter about  the candidate’s “salty tongue” remark,  the long-time patient of   “Dr. Dave”  said,  “Does he step in it sometimes?  Yeah.  He’s a passionate guy.  He’s not always smooth but that’s why I like him.  He does his homework and doesn’t have a lot of patience for  political games.”

For information on the amounts of money  NYS Senator Bonacic has raised in the past,  comprehensive postings have been made available  FROM PROJECT VOTE SMART and FROM THE DAILY KOS. Dr. Sager should hold on to his hat because both sites have published campaign war chest  figures for the Senator  in the $700,000 range.

During the month of March, many residents of New York State were asked to contact their State Representatives about several pieces of proposed legislation having to do with hydraulic fracturing:

  • A10088 which prohibits “on-site storage of flowback water.”   (After toxic hydraulic fracturing fluid is injected into the shale bed,  15-40% of the toxic soup is recovered as “flowback water”  and is frequently stored in open pits at the fracking site.  60-85% of  the injected fluid is left in the shale bed.);
  • A10090 which prohibits the “disposal of drill cuttings at the drilling site.”  (Drill cuttings are the primarily solid pieces generated as the drill bores through the earth.  For those familiar with wood or metal drills,  think of the shavings created as the drill rotates and penetrates a  2 x  4 or metal bar. During hydraulic fracturing, drills bore thousands of feet.  The resultant “cuttings”  are composed of  NORMs (Naturally  Occurring Radioactive Materials) and other toxins which, according to  New York’s Department of Environmental Conservation (DEC) qualifies  them as  “hazardous waste.”  In justifying the  need for A10090,  its sponsors state, “In their hearing testimony, the United States Geological Survey (USGS) indicated that a multiple horizontal well site will generate 100 to 500 times the volume of cuttings generated at a vertical well site. More importantly, the Marcellus formation has been shown to be high in pyrite. Oxidation and leaching of pyretic shale produces Acid Mine Discharge (AMD) which can lead to significant water impairments. Unfortunately, in the Draft Supplemental Generic Environmental Impact Statement (dSGEIS), the Department of Environmental Conservation proposes to prohibit only the on-site disposal of cuttings contaminated with drilling mud.”
  • A10091 which would require “the disclosure of hydraulic fracturing fluids; and, *[prohibit] the use of hydraulic fracturing fluids containing chemicals that pose a risk to human health including, but not limited to, fluids that are persistent, bioaccumulative and toxic (as defined by the EPA) or are known mutagens. Effects of Present Law Which This Bill Would Alter: Amends section 23-0305 (8)(d) of the Environmental Conservation Law.”
  • A10092 which  “Requires an environmental impact statement to be prepared for any natural gas or oil drilling involving the use of hydraulic fracturing fluid.”
  • A08784 which “Requires permit holders to test groundwater prior to and after drilling wells for oil and natural gas.”
  • A9414 which “Establishes the natural gas exploration and extraction liability act of 2010.”  (Of the initiative,  Catskill Citizens for Safe Energy has said, “This bill would not apply to the million and a half acres already leased in New York State and for that reason we think it needs to be amended.”)

On April 5, 2010,  Breathing received the following note from Aileen Gunther  (Assembly District 98) “A new bill has been introduced (A10490) by Assemblyman Englebright to establish a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after the Federal EPA issues their report on the effects of fracking on water quality and public health. I am a co-sponsor of this bill.  I am hearing positive response from individuals and groups regarding this newly introduced legislation.   Although I have not officially signed on as a sponsor of many of the bills you reference, I do support the bills and will support them when they come before the EnCon [Environmental Conservation] committee or to the floor.”  (Bold added for emphasis.)

Although some activists who support a total moratorium have questioned  A10490’s  120-day limit, others believe it’s a middle-of-the-road position — neither obstructing nor approving hydraulic fracturing until a comprehensive study of its effects is completed.  In the past,  the  Environmental Protection Agency (EPA) found many faults with NYS DEC’s draft Supplemental Generic Environmental Impact Statement   (dSGEIS).   Currently, completion and submission  of the dSGEIS is the basis of   New York’s  de facto moratorium. Obviously, A10490 would extend that moratorium  until the completion of EPA’s  “comprehensive research study.”

For  more information concerning the status of the proposed legislation in this article or to contact Ms. Gunther, please follow the supplied-links.  To find your New York State Legislators and to let them know how you feel about the legislation,  please visit the New York State Assembly and/or Senate pages.

As  readers of Breathing Is Political’s “Inverse Condemnation” article  may remember,  NYS Senator John Bonacic has staked a  position on hydraulic fracturing which is different than Ms. Gunther’s and although that position is  protective of lessors,  it does not address the larger issues of human and environmental health.

Coming next:  Local conflicts of interests and incorporating  the above-legislative initiatives into Town and County Board resolutions.

During the month of March, many residents of New York State were asked to contact their State Representatives about several pieces of proposed legislation having to do with hydraulic fracturing:

  • A10088 which prohibits “on-site storage of flowback water.”   (After toxic hydraulic fracturing fluid is injected into the shale bed,  15-40% of the toxic soup is recovered as “flowback water”  and is frequently stored in open pits at the fracking site.  60-85% of  the injected fluid is left in the shale bed.);
  • A10090 which prohibits the “disposal of drill cuttings at the drilling site.”  (Drill cuttings are the primarily solid pieces generated as the drill bores through the earth.  For those familiar with wood or metal drills,  think of the shavings created as the drill rotates and penetrates a  2 x  4 or metal bar. During hydraulic fracturing, drills bore thousands of feet.  The resultant “cuttings”  are composed of  NORMs (Naturally  Occurring Radioactive Materials) and other toxins which, according to  New York’s Department of Environmental Conservation (DEC) qualifies  them as  “hazardous waste.”  In justifying the  need for A10090,  its sponsors state, “In their hearing testimony, the United States Geological Survey (USGS) indicated that a multiple horizontal well site will generate 100 to 500 times the volume of cuttings generated at a vertical well site. More importantly, the Marcellus formation has been shown to be high in pyrite. Oxidation and leaching of pyretic shale produces Acid Mine Discharge (AMD) which can lead to significant water impairments. Unfortunately, in the Draft Supplemental Generic Environmental Impact Statement (dSGEIS), the Department of Environmental Conservation proposes to prohibit only the on-site disposal of cuttings contaminated with drilling mud.”
  • A10091 which would require “the disclosure of hydraulic fracturing fluids; and, *[prohibit] the use of hydraulic fracturing fluids containing chemicals that pose a risk to human health including, but not limited to, fluids that are persistent, bioaccumulative and toxic (as defined by the EPA) or are known mutagens. Effects of Present Law Which This Bill Would Alter: Amends section 23-0305 (8)(d) of the Environmental Conservation Law.”
  • A10092 which  “Requires an environmental impact statement to be prepared for any natural gas or oil drilling involving the use of hydraulic fracturing fluid.”
  • A08784 which “Requires permit holders to test groundwater prior to and after drilling wells for oil and natural gas.”
  • A9414 which “Establishes the natural gas exploration and extraction liability act of 2010.”  (Of the initiative,  Catskill Citizens for Safe Energy has said, “This bill would not apply to the million and a half acres already leased in New York State and for that reason we think it needs to be amended.”)

On April 5, 2010,  Breathing received the following note from Aileen Gunther  (Assembly District 98) “A new bill has been introduced (A10490) by Assemblyman Englebright to establish a moratorium on conducting hydraulic fracturing for the extraction of natural gas or oil until 120 days after the Federal EPA issues their report on the effects of fracking on water quality and public health. I am a co-sponsor of this bill.  I am hearing positive response from individuals and groups regarding this newly introduced legislation.   Although I have not officially signed on as a sponsor of many of the bills you reference, I do support the bills and will support them when they come before the EnCon [Environmental Conservation] committee or to the floor.”  (Bold added for emphasis.)

Although some activists who support a total moratorium have questioned  A10490’s  120-day limit, others believe it’s a middle-of-the-road position — neither obstructing nor approving hydraulic fracturing until a comprehensive study of its effects is completed.  In the past,  the  Environmental Protection Agency (EPA) found many faults with NYS DEC’s draft Supplemental Generic Environmental Impact Statement   (dSGEIS).   Currently, completion and submission  of the dSGEIS is the basis of   New York’s  de facto moratorium. Obviously, A10490 would extend that moratorium  until the completion of EPA’s  “comprehensive research study.”

For  more information concerning the status of the proposed legislation in this article or to contact Ms. Gunther, please follow the supplied-links.  To find your New York State Legislators and to let them know how you feel about the legislation,  please visit the New York State Assembly and/or Senate pages.

As  readers of Breathing Is Political’s “Inverse Condemnation” article  may remember,  NYS Senator John Bonacic has staked a  position on hydraulic fracturing which is different than Ms. Gunther’s and although that position is  protective of lessors,  it does not address the larger issues of human and environmental health.

Coming next:  Local conflicts of interests and incorporating  the above-legislative initiatives into Town and County Board resolutions.

I’ve noticed a recurrence in visits from people who are reaching Breathing Is Political because they’re searching for information about a “moratorium in New York State.”

To clarify,  New York is functioning under a  de facto moratorium until the State is satisfied with  the Department of Environmental Conservation’s draft Supplemental Generic Environmental Impact Statement (dSGEIS) on drilling/hydraulic fracturing.  If and when that statement is accepted as the definitive guideline for drilling oversight and enforcement in NYS,  it is generally accepted or feared  that the  “moratorium” will come to an end and drilling in NYS will commence.

An excellent response has been written to the dSGEIS by Dr. Ron Bishop and I’m hoping to have his permission to publish it at Breathing by tomorrow or the next day.

I’ve noticed a recurrence in visits from people who are reaching Breathing Is Political because they’re searching for information about a “moratorium in New York State.”

To clarify,  New York is functioning under a  de facto moratorium until the State is satisfied with  the Department of Environmental Conservation’s draft Supplemental Generic Environmental Impact Statement (dSGEIS) on drilling/hydraulic fracturing.  If and when that statement is accepted as the definitive guideline for drilling oversight and enforcement in NYS,  it is generally accepted or feared  that the  “moratorium” will come to an end and drilling in NYS will commence.

An excellent response has been written to the dSGEIS by Dr. Ron Bishop and I’m hoping to have his permission to publish it at Breathing by tomorrow or the next day.

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.”

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.”