October 17, 2013
To: Hon. Thomas W. Libous, Hon. Robert F. Kennedy, Jr., Esq., Hon. Kate Sinding, Esq., Hon. Eric A. Goldstein, Esq., Hon. Mark Brownstein, Hon. Thomas J. Santulli, Hon. Robert B. Catell, Hon. Mark K. Boling, Esq., Hon. Jeff Williams, Hon. Bradley Gill, Hon. Heather Briccetti, Hon. Kathleen McGinty, J. D., Hon. James B. Bays
Greetings:
Assemblywoman Donna Lupardo, a member of the Hydraulic Fracturing Advisory Panel, has written a carefully documented and respectful letter calling for Dr. Shah's inadequate shale fracking "review" to be put on hold and for a comprehensive "Public Health Impact Study" to be conducted to resolve all Marcellus Shale health hazard concerns once and for all.
See her letter at: http://www.toxicstargeting.com/MarcellusShale/documents/letters/2013/10/09/lupardo_donna
We, the undersigned, write to request that the other members of the Hydraulic Fracturing Advisory Panel take similar action to require Governor Andrew M. Cuomo to:
a) halt Dr. Shah's DOH Review because it has been conducted in secret without any public input, has unacceptable major shortcomings and cannot fulfill its mandates; and
b) resolve High Volume Hydraulic Fracturing (HVHF) health concerns once and for all by undertaking a comprehensive, open and transparent "Public Health Impact Study."
DOH Review Would be Informed by Three Shockingly Incomplete HVHF Health Impact Studies
Three "comprehensive studies" that Dr. Shah claimed would "assist in informing" his DOH Review are shockingly incomplete.
On 2/12/13, Dr. Shah wrote DEC Commissioner Martens that one of the reasons his DOH Review had not been completed was that he wanted to review "the first comprehensive studies of HVHF health impacts...(emphasis added) and receive "first-hand briefings on these studies and their progress, which will assist in informing the New York Review (emphasis added)."
He specifically cited an extensive investigation by Geisinger Health Systems "which cares for many patients in areas where shale gas is being developed in Pennsylvania, [and] is undertaking studies to analyze health records for asthma and other respiratory diseases, accidents and injuries, as well as birth outcomes (emphasis added)."
He said that his Review would be completed "within a few weeks..."
See: http://www.toxicstargeting.com/MarcellusShale/documents/letters/2013/02/12/shah-letter-to-martens
On 6/19/13, Associated Press reported that Geisinger only has $1.0 million out of $25.0 million required to undertake its proposed studies. The Geisinger investigation obviously has not progressed far enough to inform Dr. Shah about anything.
See: http://www.toxicstargeting.com/news/2013-06-27/funding-key-gas-drilling-health-study-stalled
The two other studies are equally incomplete. The Environmental Protection Agency's study reportedly will not be done until at least 2016.
DOH Review Fails to Fulfill its Mandates
There can be no dispute that Dr. Shah's Review fails to fulfill its mandates to:
a) address "any legitimate request for additional due diligence and study…(emphasis added);"
b) ensure that "DEC's ultimate decision on hydraulic fracturing is beyond reproach either as a matter of law or as policy (emphasis added);
c) allow DEC to avail "ourselves of the best possible advice from the private and academic sectors (emphasis added);" and
d) "… result in the most thorough review of high-volume hydraulic fracturing in the nation…(emphasis added)."
See:http://www.toxicstargeting.com/MarcellusShale/documents/2013/03/28/martens_statement
Hydraulic Fracturing Advisory Panel Has Responsibility to Address DOH Review Shortcomings
Members of the Hydraulic Fracturing Advisory Panel have a clear responsibility to address the shortcomings of the DOH Review because Dr. Shah wrote:
"In particular we are focused on the relationship of HVHF to the health impacts of drinking water contamination, but also other areas such as air quality and community impacts (emphasis added)."
Among other responsibilities, the Advisory Panel is charged with:
"developing recommendations to ensure DEC and other agencies are enabled to properly oversee, monitor and enforce high-volume hydraulic fracturing activities;"
"developing recommendations to avoid and mitigate impacts to local governments and communities (emphasis added)."
Conclusion
Given the major shortcomings of Dr. Shah's Review detailed herein, it is imperative that Governor Cuomo halt the fatally flawed DOH Review and require New York State to conduct its own comprehensive, open and transparent shale fracturing "Public Health Impact Study" without further delay.
Dr. Shah observed: "The time to ensure the impacts on public health are properly considered is before (emphasis in the original) a state permits drilling." That concern is of paramount importance because Governor Cuomo stated on 5/22/13 that Dr. Shah's Review "should be done in the next several weeks."
See: http://www.toxicstargeting.com/news/2013-06-28/cuomo-fracking-decision-come-2014-election
If you are unable to persuade Governor Cuomo to resolve the grave shortcomings of the DOH Review, you should consider resigning your position because the Advisory Panel obviously would not be worthy of its purpose.
Thank you for your consideration.
Very truly yours,
cc: Honorable Andrew M. Cuomo
Honorable Joseph Martens
Honorable Nirav R. Shah
Honorable Donna Lupardo
James W Leftwich
122 Valley View Road
Ithaca, NY |
Walter Hang
215 N. Cayuga St
Ithaca, New York |
Rich DePaolo
Councilperson
Town of Ithaca
Ithaca, NY |
Donald Gregorius
Legislator
Ulster County Legislature
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Woodstock, NY |
Tarik Abdelazim
Director, Planning, Housing & Community Development
City of Binghamton - Planning & Development
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Ken Zeserson
Planning Board Chair, Town of Ulysses
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Penelope King
Town Clerk
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C.J. Randall
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Ithaca, New York |
Terry Cuddy
Co-Founder
Cayuga Anti-Fracking Alliance
133 S. Hoopes Ave.
Auburn, NY |
Erin Heaton
Vice Chair
Chenango Community Action for Renewable Energy
40 Sarles Street
Armonk, New York |
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Judith Hyman
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Marsha Acerra
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Greg Pitts
219 Rachel Carson Way
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Maria Luisa Tasayco
Emerita Professor of Chemistry/Biochemistry from CCNY and The Graduate Center of CUNY
City College of New York
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Dr.
Pediatrician, Public Health Advocate
124 Chapin Trail
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Andrew D. Coates
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Albany Medical College
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Beth Olearczyk
Assistant Clinical Professor of Medicine, Columbia University College of Physicians and Surgeons; Attending Physician, Bassett Healthcare, Cooperstown, NY
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John Cisne
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Department of Earth and Atmospheric Sciences, Cornell
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Gilbert Levine
Professor Emeritus
Cornell University
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Laura Malloy
Dr,
Protect Laurens
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Sustainable Tompkins
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Concerned Citizens of Rural Broome
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Laurie Goodhart
Organic Farmer, Co-Founder
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Concerned Residents of Carmel & Mahopac
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John and Sue Gregoire
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Principal and Founder
Ronald L. Lytel Design
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Gilly Burlingham
Co-founder
Regional Action Group for the Environment- RAGE
Wellspring Farm 6320 Soper Rd.
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Bill Metzger
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Buffalo, New York |
Sam Sebren
founding member
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Joanne Corey
Vestal Residents for Safe Energy (VeRSE)
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Carla Sullivan
Concerned Citizens of Rural Broome
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The Rev. Linda Wilson
Owner
Bibliobarn
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Ruth Hyde
lifetime member
Bergen Swamp Society
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Rochester, NY |
Steve Ellsworth
Concerned Citizens of McDonough (NY)
850 Hammerle Rd.
Oxford, NY |
Kathleen Stein
President
League of Women Voters
84 Judson St.
Canton, NY |
Cathy Caruth
Frank H. T. Rhodes Professor of Humane Letters
Cornell University
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Mildred Sanders
Professor
Cornell University
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Ithaca, NY |
Rebecca Casstevens
Sole Proprietor
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Larraine McNulty
President
Upper Unadilla Valley Association
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Zorika Henderson
7 Sunny Knoll
Ithaca, NY |
R. Dunleavey
Exec Board Member
Catskill Heritage Alliance
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Arkville, NY |
Carol Manuel
National Alliance for Drilling Reform, Sierra Club
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Rochester, NY |
Emily Bishop
Regional organizer CNY
New Yorkers against fracking
4927 S Salina St
Syracuse, New York |
Cassandra Brown
official endorsement
self
108 County Highway 10
Morris, New York |
Kathe Sandstrom
Membership Chair; Area Coordinator
Mid-Hudson Sierra Club; Mid-Hudson Mensa
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New Paltz, NY |
G Gerrard
Owner
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Amanda Means
Organizer
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David Shalloway |
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