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Letter to Fracking Panel Members Requests that DOH Review be Put On-Hold and That a Comprehensive Shale Fracking Public Health Impact Study be Undertaken

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


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:

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..."


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.


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)."


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)."


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."


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

Total Signatory Count: 1253

Gwendolyn Morgan
New York, NY
Joshua Maizel
73 Pear St
Tinton Falls, NJ
Theresa F. Alt
206 Eddy Street
Ithaca, NY
Monika Ginn
614 W.Clinton St.
Ithaca, NY
Kori Tolbert
197 Gregory St
Rochester, NY
Sharon Lawless
1578 Houghtaling Hollow Road
East Meredith, New York 13757
John E Keevert Jr
Interfaith Impact of NYS
101 Coniston Dr
Rochester, NY
Amber daSilva
179 Union Ave.
Tarrytown, N.Y.
H. Robert Herman
Interfaith Alliance of Rochester
87 Hillary Lane
Penfield, NY
Lincoln Brown
188 Benjamin Hill Road
Newfield, New York
Katherine Halton
Town Board Member
Danby Town Board
2505 Danby Road
Willseyville, New York
Therese Wilson
P.O.Box 113
Aurora, NY
Janet Bruno
82 Rockwell Street
Harrison, New York
Laura Fennimore
110 Halfmoon Rd
Highland, NY 12528
Steven Gaarder
130 Rachel Carson Way
Ithaca, NY
Joel Cisne
Finger Lakes Runners Club
Ithaca, NY
Ruth Hardinger
20 N Moore St
New York, NY
Laura Nowack
405 Sheffield Court
Brewster, NY
Linda DiGusta
164 E 37th St
New York, NY
robert jacobson
136 north street
dryden, NY
Patricia Harlow
70 Old State Rd
Binghamton, NY
Susan Rosenthal
39 Bond St.
New York, New York
Mary Pizzente-Morich
Rochesterians Concerned About Unsafe Shale-gas Extraction
42 Telephone Road
West Henrietta, NY
Linda Norden
390 Riverside Dr. #11F
New York, NY
Mike Connelly
Take Back the Land Rochester
151 Cypress St.
Rochester, NY
Beth Mitchell
229 Ambergate Rd
DeWitt, NY
Eileen Fairbrother
Sierra Club, Audobon Society, World Wildlife Fund, Nature Conservancy,
4280 Stone Bridge Rd
Morrisville, NY
Charles Burch
Sierra Club, Gas Free Seneca, Earth Justice
396 E 2nd St
Corning, New York
Villanueva Villanueva
Online cassino Bonuses Are honorable Anywhere
Julie Gribble
NY Media Works, LLC
112 Franklin Street, First Floor
New York, NY
Elizabeth Lerner
200 Winegard Rd
Richmondville, NY
Paula MacDonald
230 New Turnpike Rd
Cochecton, NY
Anne Klingensmith
Concerned Citizens of Danby
41 Muzzy Road
Ithaca , NY
Meredith Bocek
RAFT - Residents Against Fracking Tioga, NYRAD NY Residents Against Drilling,
75v Glann Road
Apalachin, NY
Lena Guyot
165 Goose St.
Fly Creek, NY
Stacy Snyder
154 Westhaven Road
Ithaca , NY
steve carpenter
P.O. Box 181
Lima, N.Y.
Anne Rhodes
Dryden Solutions
91 Ed Hill Rd.
Freeville, NY
Cynthia Hale
67 w. 1st st.
Corning, NY
Mary Sweeney
51 Chestnut St.
Windsor, NY
Morgan Kolb
91 Ed hill rd
Freeville, New York
Lauren Shaw
Elmira College
323 West Washington Ave
Elmira, NY
Melanie Martinek
1206 The Grove
Victor, NY
Deborah Philp
59 Mt. Vernon Ave.
Rochester, NY
Joseph Honis
4271 Henderson Place
Syracuse, New York
Michael Gruszka
3 Londonderry Lane
Owego, NY
Elizabeth Taylor
53 Maplewood Ave.
Honeoye Falls, NY
libbie botting
56 Bromley Road
Pittsford, New York
cora ellen luke
ithaca, ny