Additional National News Coverage Documents Loopholes in New York's High-Volume Hydraulic Fracturing Prohibition/Critical Deadline for Legal Action Looming

Call Governor Cuomo Today to Close Key Loopholes in New York's Inadequate High-Volume Hydraulic Fracturing Prohibition

Use this Quick Action Guide to require the Governor to fulfill his promise to prohibit all types of High-Volume Hydraulic Fracturing in New York.

Greetings,

Ever since Governor Cuomo's landmark cabinet meeting on December 17th, 2014, some anti-frackers and big green environmental groups have endlessly trumpeted that High-Volume Hydraulic Fracturing (HVHF) has been "banned" in New York. We now know that this assertion was premature and is simply not true.

Additional national news coverage has further documented that New York's HVHF prohibition is limited to "300,000 or more gallons of water." Consequently, all waterless fracking methods, notably gel propane, also known as Liquefied Petroleum Gas (LPG), are exempted from our state's HVHF prohibition.

Jon Campbell of Gannett News reported this grim reality in an article that ran with at least three headlines: "The Battle Over Fracking in New York May Not be Over," "Fight Over Fracking Lingers in New York," and "Gas Companies May Sue NY State Over Fracking Ban."

Moreover, the wording of the HVHF prohibition is so convoluted and ambiguous that no one can know for certain how effective it might be. Read this Tutorial about closing all the loopholes in the HVHF prohibition before Marcellus Shale fracking can be permitted in New York.

Jon reports that the deadline for taking legal action to overturn New York's HVHF prohibition is 10/27/15. If industry does not challenge the HVHF prohibition in court, it might signal that pro-frackers believe shale fracking can proceed any time they choose due to loopholes in the HVHF prohibition. If legal action is taken to void the HVHF prohibition, we must prepare for the possibility that the litigation could succeed.

Any way you look at it, my quotes in each article make it perfectly clear that our efforts to safeguard New York from shale fracking are not over.

http://www.toxicstargeting.com/MarcellusShale/news/2015-10-17/battle-over-fracking-may-not-be-over

http://www.toxicstargeting.com/MarcellusShale/news/2015-10-17/fight-over-fracking-lingers

http://www.toxicstargeting.com/MarcellusShale/news/2015-10-19/gas-companies-may-sue-over-fracking-ban

http://www.toxicstargeting.com/MarcellusShale/news/2015-10-12/watchdog.org-can-waterless-fracking-new-york-sidestep-cuomos-ban

http://www.toxicstargeting.com/MarcellusShale/news/2015-10-03/fracking-proponents-undaunted

Proposed Marcellus Shale Fracking in Barton, NY Could be Approved Any Day

We are working hard to kill the gel propane/LPG fracking project announced in Barton, NY only a week after the HVHF prohibition took effect on June 29th.

So much for all those Big Green group assurances that Governor Cuomo would never allow shale fracking and New Yorkers only need worry about the next administration permitting shale gas extraction.

A key State Legislator recently confirmed with a top Department of Environmental Conservation (DEC) official that the Barton project is under full regulatory review involving multiple state agencies. The DEC official also acknowledged that gel propane/LPG fracking is outside the scope of New York's HVHF prohibition.

Extensive documents reveal DEC received gel propane/LPG fracking permit applications beginning more than six months ago. There is no question that the proposed project involves a great deal of money and appears ready to proceed if approval is granted.

See: http://www.toxicstargeting.com/MarcellusShale/documents/2015-09-23/propane-fracking-proposed-tioga-co

Take Action Today to Prohibit All Types of Shale Fracking in New York

1. Become a signatory to the New Coalition Letter and beat the bushes for more signatories: http://toxicstargeting.com/MarcellusShale/letters/2015/9/24/coalition-letter-supplemental-findings-statement

2. Call Governor Cuomo during business hours at 518 474 8390.

Demand that DEC issue a Supplemental Findings Statement to prohibit all types of shale fracking in New York, including "gelled propane" or Liquefied Petroleum Gas, carbon dioxide and nitrogen foam, not just HVHF based on "300,000 or more gallons of water."

IN SHORT, NO FRACKING METHODS MUST BE EXEMPTED FROM THE HVHF PROHIBITION.

Demand that the Governor fulfill the promise in the Findings Statement that: DEC " will not establish a high-volume hydraulic fracturing permitting program; that no individual or site-specific permit applications for wells using high-volume hydraulic fracturing will be processed; and that high-volume hydraulic fracturing will be prohibited in New York State."

3. Persuade Big Green and all anti-fracker groups and leaders to become signatories to the coalition letter which requests that a Supplemental Findings Statement be issued. Since many groups earlier declared that Shale fracking has been "BANNED" in New York, they will likely try to offer lame excuses why there is no need to worry about gel propane/LPG fracking despite massive front-page, TV and radio coverage.

If groups and leaders refuse to call for the loopholes to be closed in New York's shale fracking prohibition, promise that you will hold them accountable. Tell them that you will a) tear up your membership card, b) halt annual dues, c) resign from boards, d) refuse to host events and e) withhold all forms of financial support.

In short, play hardball. That should help close the Fractivist ranks before it is too late.

Thanks for all your help. Keep slugging.

Onward and upward.

Walter

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