Tag Archives: hydraulic fracturing

New York State: Hillary’s Waterloo?


The majority of New York State Democrats are anti-war and anti-fracking.

As I breathe the sharp, cold air of the Delaware River Valley, fracking pipelines and compressors are crisscrossing and dotting our State.  In the last week, the Federal Energy Regulatory Commission (FERC) overrode New York’s  investigations into plans for the building of gas infrastructure near the Indian Point nuclear facility.  The plant,  just 25 miles north of New York City, is old by any standards and New York Times articles have raised consistent concerns over its accidents, aging storage facilities,  leaks and other critical safety issues.

These are unfortunate events for New York State residents and they don’t bode so well for Hillary Clinton, either. The anti-war, anti-fracking base in New York is  effective, in gear and  has no love or trust for her. Her fracking inconsistencies and donations from the oil and gas industries make her suspect and since her pro-Iraq War vote when she was a New York Senator,  the belief that she’s a Hawk with bad judgment persists. Recent events in France and Belgium and the vehemence of her support for regime change in Lybia when she was Secretary of State have bolstered this opinion — especially since so many anti-war folks believe there’s a correlation between our Iraq invasion and the rise of ISIS.

Even without those considerations, many rural voters distrust Clinton. They pride themselves on reading people — on knowing whether someone is genuine or wearing adaptive camouflage. Many say they’re wavering between Trump and Sanders. Some supported fracking. Some are FOX-watchers. Some steal from Peter to pay Paul when the mortgage or rent is due.  There are enclaves of reactionaries who emphatically support militia-thinking. Most are tired of seeing their kids go off to war or jail instead of college and they don’t have the resources to fight the heroin epidemic that’s claiming their families.  They’ve lost farms, plumbing businesses  and have stopped chasing the American Dream.  They’re discouraged,  can’t afford the cost of local farm goods and feel betrayed by established political hacks.  Even when gains are made, belief in them is tentative and tinged with anxiety.

Into the mix have come urbanites with their more socially Liberal tendencies. For instance, Zephyr Teachout, a populist, pro-choice, anti-fracker,  did an amazing job against Cuomo in the last election despite people not knowing her,  Cuomo’s refusal to debate her and the relatively small size of her campaign war chest.

In New York City and its environs, voters are thoroughly awake to all things fracking, its infrastructure, methane, naturally occurring radioactive materials (NORMS) and gas explosions.  They’re particularly attuned to the threat of terror attacks, to economic collapse, Wall Street machinations, a friable Stock Market and affordable housing shortages.

Worse for Hillary, whether rural or urban, New York voters are familiar with the  candidates’ positions on those critical issues. With a riled, educated electorate, New York State could easily be Hillary’s Waterloo.

 

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.

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.”

 

Walk About Water: Callicoon, NY


(Many thanks to all who organized the Walk About Water community potluck in Callicoon.  It was a wonderful evening.   And especial thanks to Marci MacLean for offering her photos to Breathing.  This is what loving a place and taking joy in it looked like in our River town on April 18, 2011.)

The Walk About Water  website  announced,  “ON APRIL 17TH THROUGH 23,2011, five women will walk 90 miles from the Neversink Reservoir, NY to Salt Springs State Park, PA. We will carry a hand crafted “AMPHORA” of clean water taken from Buttermilk Falls in the Catskill Mountains to a place where water is endangered. WALK ABOUT WATER is a grassroots initiative to raise awareness of the sacredness of our water and our land. We will send this water around the world to other endangered lands, as a simple act of solidarity.”

On  Monday  April 18,   forty or so Upper Delaware River Basin residents met  at the Callicoon Youth Center pavilion for a community potluck dinner and to await the arrival of Bess PathChef Deanna and Chrys Countryman.  The three  Walk About Water women had trekked (see the map!)  from the Neversink River to the Delaware for 10 heartfelt reasons:

1. Six women from NY and PA, grateful to live in a place of abundant clean water
2. We represent Mothers, Grandmothers, Sisters, and Daughters
3. We are moved to action by the threat of contaminated water from the extraction of fossil fuels.
4.Our concern over the harm that will come to our families and future generations
   prevents us from simply living our lives peacefully and gratefully.
5. We demand that public health and quality of life for future generations take priority in  decisions that affect everyone.
6. To illustrate our concerns we are carrying the most precious substance on the planet -water -90 miles on foot.
7. We do this to bring attention to how precious and vulnerable this essential resource truly is.
8 The need for clean water is something everyone has in common.
9. We seek to make this important point by visibly honoring what we love.
10 We  bring good wishes to all water drinkers and bath takers.
Tears of appreciation, smiles of joy and loud applause greeted the women’s arrival.  Tannis Kowalchuk was already dressed and negotiating hugs while on  stilts.  Greg Swartz explained the many ways he, Tannis and Simon ensure that their organic farm, Willow Wisp,  produces  excellent food with the least possible water.   A welcome fire was lit and we all noshed on a smorgasbord of salads, chili, bread, chicken, appetizers and desserts provided by each and every one of us.
Walk About Water Grassroots Event

Tannis Kowalchuk, performer and artistic director of the NACL Theater, prepares to "walk about water" on stilts. Tannis, her husband Greg Swartz and their son Simon also own the organic Willow Wisp Farm which offers great CSA deals.

Walking About Water down Callicoon, NY's Main Street.
         And then we joined the Walk About Water women for a stroll down Callicoon’s Lower Main Street  and across the bridge to Pennsylvania
        where we paused because it felt so good.
Walk About Water Grassroots Event

Forty or so water enthusiasts cross the Delaware River in the rain. They look a bit like May flowers, don't you think? In 2010, American Rivers named the Upper Delaware River, "America's Most Endangered River."

Walk About Water Grassroots Event

Misty rain and smiling faces on the Callicoon bridge to Pennsylvania.

The next day,  we  received this note  of thanks and the tears flowed all over again:
We are staying the night in one of the most beautiful communities of people we have ever seen, they gave us a party, walked with us from ny to pa,
raised money for us and sent us off with such love that we will take with us on our journey..words cannot express how full our hearts are..
THANK YOU CALLICOON NY,DAMASCUS PA WE SHOULD ALL LIVE THE WAY THEY DO

Water Walkers~

Chef Denna,Chrys Countryman, Bess Path

Guardians~Frank and Francena

Oscar Night: Open Letter to President Obama


Dear Readers:  Please  celebrate having two of The Upper Delaware River Valley’s sons nominated for  Academy awards:   Josh Fox for “Gasland” and Mark Ruffalo for  “The Kids Are All Right.”

At this auspicious time in world history, send your own letter about Hydraulic Fracturing  to President Obama.   (Many thanks to Marcia Nehemiah for sending both  this link and one for today’s NY Times report on hydraulic fracturing to  The Upper Delaware Network.)

*   *   *   *  *

 

Dear President Obama,

While you watch the Oscars tonight, you will see clips from “Gasland.”  Please watch them carefully.  The people in the movie are my brothers and sisters.

The waters of the Delaware River Valley   meet the thirsts of 17+ million people and they  are under threat.  (Lower Valley,  Upper Valley)

I thought the Gulf, Flower Mound,  Dimock, PA and scores of others  would be sufficient to show the careless disregard with which gas extractors ply their dangerous trade.  I was wrong.

Gas extracted from my valley does not represent energy independence:  much of it will ship to BP,  Norway, and others.

“Big Coal”  lied to us years ago and its  agenda was shoved down our throats with the connivance of our leaders and representatives.  Pennsylvania and  New York are no better off  — and are probably worse —  for that sad chapter in our histories.

“Big Energy?”  “Clean Gas?”  Just more “Big Coal.”

How many more people have to sicken?   How many more fields & forest lands  have to be destroyed?   (Please support a National Moratorium on Hydraulic Fracturing!)

How many more neighborhoods, livelihoods, properties have to be wasted by 600+ undisclosed  “proprietary” chemicals? (Please support the Frac Act!)

There comes a point when ambition and greed are just unseemly, Mr. President.  And as we saw and voted in 2008,  ignorance of the cost of something is not an excuse for supporting it.  (The Iraq War.)

Please!  Watch the movie.  No matter what control you believe your opponents wield,  it’s nothing to the power being generated by the  flora and fauna in my valley or the risk they face.

Sincerely,

Liz Bucar

Breathing Is Political