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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 Colvard
24 Bobolink Ct.
Deposit, NY
Lainie Cooke
57 West 75th Street
New York, New York
Terri Heath
16541 Cty Hwy 23
Unadilla , NY
Howard Barker
P.O. Box 113
Smithville Flats, NY
Mary Heaton
6 Northrup Ave
Norwich, NY
Mary Zebell
912 N. Aurora Street
Ithaca, NY
Paul Baumann
101 Oak Street
Brooklyn, New York
Donna Seymour
8 Cedar Street
Potsdam, NY
Andra Leimanis
2831 LaFayette Road
LaFayette, NY
AR Leimanis
69 Corning Hill Rd.
Glenmont, NY
Peter Mechalke
no company
27 Bradley st
Trumansburg, New York
Barb Mechalke
no company
27 Bradley st
Trumansburg, New York
Lynn Thor
North East Organic Farming Association
P.O.Box 70
Tunnel, New York
Susan Robinson
772 Bostwick Road
Ithaca, NY
Lynda Caspe
150 Franklin Street
New York, New York
murray bell
advocates for morris
108 county highway 10
morris, new york
Ernest Paviour
7998 Lookout knob
Victor, NY
brenda lee
16 quarry dr
wappingers falls, ny
Barbara Koslowski
18 Renwick Hts. Rd.
Ithaca, NY
J.C. Frieswijk
409 East Lincoln Street
Ithaca, New York
Jason Green
6405 Palmiter Road
Alfred Station, NY
Bruce McLear
205 Barrington St.
Rochester, NY
Emily R Johnson
817 N. Tioga St.
Ithaca, NY
Elaine Mansfield
4464 Picnic Area Rd
Burdett, NY
Roy Kortick
119 zeke wiltsie rd
cooperstown, ny
Carol & Lou Piciullo
Protect Laurens
149 Co Hwy 12
Laurens, NY
Charlotte Schotanus
369 Port Road
Binghamton, NY
William Mehl
53 Strawberry Lane
Westerlo, NY
Carol J Painter PhD
141 Westhaven Rd.
Ithaca, NY
Tim Pokorny
51 pioneer st
Cooperstown, ny
Stanley Scharf
214 S. Hill Terrace
Ithaca, NY
Anezka Sebek
259 Abeel Street
Kingston, NY
Gordon and Linda Smith
265 Merrill Creek Rd.
marathon, NY
Kristine Regan
1421 NY Route 26
Vestal, Ny
De Murphy
215 connecticut hill rd
Newfield, New York
Brian Eden
147 N. Sunset Drive
Ithaca, New York
Noreen Canny
7 Ivanhoe Road
Binghamton, New York
Stephen Dungan
404 Granton Mountain Road
Walton, NY
sandra hover
John Benson
5461 Hornby Rd
Beaver Dams, NY
James Rauch
FACTS (For A Clean Tonawanda Site), Inc.
Tonawanda, NY
Julie Gross
private citizen
271 High Road
Glen Spey, New York
patricia jacob
129 peebles hill road
oneonta, ny
Luce Guanzini
87 West Hill Rd
Spencer, NY
kerry madigan
1219 route 83
Pine Plains, NY
Caroline Law
202 West 78th Street
New York, New York 10024
Tom Law
202 West 78th Street
New York, New York 10024
Ian Law
141 Noble Street
Brooklyn, New York 11222