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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: 1254

Mary Donch
45 May Street #6A
New Rochelle, NY
Eric Bravin
242 Towers Road
Milford, NY
Judith Fitzgerald
560 West 218th St. Apt. 6A
New York, New York
Merrill Piera
736 Sundown Road
Sundown, NY
susan Gateley
Silver Waters Sailing
12025 Delling Rd
Wolcott , ny
John Tavares
2192 Mecklenburg Road
Ithaca, NY
Bob Mcguire
46 Whitted Rd
Ithaca, NY
Bill King
Ithaca, NY
Franz Sugarman
7221 Halseyville Rd.
Trumansburg, NY
Betsy Evans
67 Dustman Lane
Bardonia, New York
Nancy Lipshitz
321 Oquaga Lake Road
Deposit, NY
Carolyn Tavares
2192 Mecklenburg Rd
Ithaca, NY
Heather Tavares
2192 Mecklenburg Rd
Ithaca, NY
Ronald Bayzon
The Mercantile Greenhouse
235 Dropp Road
Richfield Springs, New York
Margaret Weiss
275 DeGraw Street
Brooklyn, New York
Emily Tavares
2192 Mecklenburg Rd
Ithaca, NY
Vinny Aliperti
4760 W Lake Rd
Geneva, NY
Abigail Tavares
2192 Mecklenburg Road
Ithaca, NY
Stephen Engleman
125 Valley View
Ithaca, NY
Andrew Tavares
2192 Mecklenburg Rd
Ithaca, NY
Patricia Dinges
P.O.Box 240
Salt Point, NY
Cary Fassler
398 State Rt 69
Williamstown, New York
John Tavares
2192 Mecklenburg Rd
Ithaca, NY
Mary and Joe McKeon
270 Searles Rd
Margaretville, NY
Steven Aman
2480 Arcadia Zurich Rd.
Newark, N.Y.
Dennis Turechek
392 Hathaway Road
Otego, New York
Bebe Tavares
2192 Mecklenburg Rd
Ithaca, NY
Melissa Bishop
Catskill Citizens for Safe Energy
24 Church St.
Deposit, New York
Judith Ackerman
63) West End Ave
New York, NY
Paul Schneider
2656 York Road west
York, NY
John Given
118 Lieb Rd.
S. New Berlin, NY
Michael O'Brien
400 West 23 St
New York, New York
Zan Gerrity
847 Dryden Rd Apt 3c
Ithaca, NY
Gretchen Schulz
Artists Against Fracking
26 Oneta Rd.
Rochester, New York
Thomas P. Warner
2513 Brookview Road
Castleton, New York 12033
James W. Hamilton
Town of Ithaca Conservation Board
1603 Slaterville Rd
Ithaca, NY
Kevin McMahon
383 Ferguson Road
Freeville, NY
Krys Cail
3110 DuBois Rd.
Ithaca, NY
Martha Bremer
498 County Hwy. 5
Otego, NY
Abigail Cohn
309 The Parkway
Ithaca, NY
L. Beeman
Rochester, N.Y.
Patricia Welch
27 North St
Camillus , NY
Daniel Emmons
350 65th Street
Brooklyn, NY
Scott MacDonald
5 Sherman St.
New Hartford, NY
Robert Westfall
160 Sewilo Hills Dr
Rochester, NY
S. Beeman
Rochester, NY
Yvonne Lucia
Concerned Citizens of the Town of Binghamton
4011 Saddlemire Rd
Binghamton, NY
Joan Farber
400 West 23 St
New York, New York
Monica Daniel
253 N Appleagate Rd
Ithaca, NY
Robert Gosselink
205 Grandview Dr.
Cobleskill, New York