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Governor Cuomo: Please disclose how the findings and recommendations of your Dept. of Health's Public Health Review of Shale Fracking will be translated into public policy

March 14, 2015

Honorable Andrew M. Cuomo
Governor of New York State
The Capitol
Albany, NY 12224

Dear Governor Cuomo:

We, the undersigned, respectfully request that you publicly disclose how the findings and recommendations of your Department of Health's A Public Health Review of High Volume Hydraulic Fracturing (HVHF) For Shale Gas Development will be translated into public policy.

We further request that you address the detailed concerns presented below before adopting any Final Supplemental Generic Environmental Impact Statement (SGEIS).

Key Public Health Review Conclusion

The Public Health Review's key conclusion is:

"Until the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed, DOH recommends that HVHF should not proceed in New York State."

See page one at:

Request for Public Disclosure as well as Open and Transparent Decision Making Process

While we applaud your administration's landmark Public Health Review conclusion, it is unclear how it will be translated into public policy. We write today to request that you clarify this matter.

First, please make clear whether your administration plans to ban permanently all high volume hydraulic fracturing of Marcellus Shale in New York through a legally-binding prohibition or adopt some other form of shale fracking prohibition.

Second, it is our understanding that your Department of Environmental Conservation (DEC) will implement the Public Health Review's findings and recommendations by adopting a Final SGEIS and issuing a Findings Statement to conclude the proceeding.

Even though you stated on 12/17/14 that those actions would be "self-executing," we respectfully request that you reveal the scope of the Final SGEIS before any final action is taken on the matter.

The original purpose of the SGEIS was to provide permit guidelines for shale gas extraction. That is implicit in the SGEIS title: "Well Permit Issuance for Horizontal Drilling and High-Volume Hydraulic Fracturing in the Marcellus Shale and Other Low-Permeability Gas Reservoirs."

We are concerned that a Final SGEIS might permit HVHF in the future without any further public review or comment and despite the prohibition recommended in the Public Health Review.

We also believe it would be premature to adopt HVHF permit guidelines before resolving the shortcomings documented in the Public Health Review and otherwise brought to your attention.

Given these concerns, we respectfully request that you: a) immediately provide written public notice regarding the scope of the proposed Final SGEIS proceeding, b) hold public hearings about the proceeding and c) accept public comments to resolve questions about this critical matter openly, transparently and with full formal public participation before adopting a Final SGEIS.

Please Address Fundamental Shortcomings Documented in the Public Health Review

The Public Health Review states: "Based on this review, it is apparent that the science surrounding HVHF activity is limited, only just beginning to emerge, and largely suggests only hypotheses about potential public health impacts that need further evaluation (emphasis added)."

The Public Health Review also notes: "many of the published reports investigating both environmental impacts that could result in human exposures and health implications of HVHF activities are preliminary or exploratory in nature (emphasis added)."

The Public Health Review cautions: "Furthermore, the public health impacts from HVHF activities could be significantly broader than just those geographic locations where the activity actually occurs, thus expanding the potential risk to a large population of New Yorkers (emphasis added)."

See pages one and two at:

Please Address "Significant Uncertainties" Documented in the Public Health Review

We also respectfully request that you disclose how DEC and DOH propose to address the "significant uncertainties" referenced in the Public Health Review regarding:

"the kinds of adverse health outcomes that may be associated with HVHF,"

"the likelihood of the occurrence of adverse health outcomes," and

"the effectiveness of some of the mitigation measures in reducing or preventing environmental impacts which could adversely affect public health."

See page two at:

Please Address the Most Important Decision Specified by the Public Health Review

We request that you disclose how New York State will decide when:

"the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed..."

All these Public Health Review procedural matters are critical to determining if HVHF will ever be allowed to proceed in New York. That is why it is imperative that you address these matters without delay.

Draft SGEIS Shortcomings Also Must Be Resolved Before Final SGEIS is Adopted

Tens of thousands of concerned citizens, legislators, academic researchers, business owners, religious leaders and health professionals have respectfully written you to document grave concerns about the Final Revised Draft SGEIS' numerous technical shortcomings as well as that it is indisputably outdated and lacks current information.



We trust that you will find our requests self-explanatory, but please do not hesitate to contact us if we can clarify our concerns. We look forward to receiving your prompt reply.

In conclusion, we wish to thank you, Commissioners Joe Martens and Dr. Howard Zucker, as well as all your DEC and DOH colleagues for their dedicated work performed under challenging circumstances to safeguard the public health of "all New Yorkers" as well as the environment of our state from shale fracking hazards. We commend your public service.

Always very respectfully,

Total Signatory Count: 1228

judith pierpont
founding member
111 Pleasnt Hollow Rd.
Freeville, NY
Patricia Longaker
100 Woodsedge Drive, Apt. 204
Ithaca, NY
MaryJean Byrne-Maisto
114 Bradford Lane
Syracuse, NY
Stephen Maisto
Syracuse University
114 Bradford Lane
Syracuse, NY
Edward Byrne-Maisto
18 Main Street
Morrisvville, NY
Matthew Burke
Food and Water Watch
15 Lark Meadow Ct
Baltimore, Maryland
Susan Thomas
60 East Main St. P.O. Box 244
Trumansburg, New York
Mike Millow
1316 Caton Rd
Corning, NY
Judy Freilicher
7207 Highbridge Road
DeRuyter, New York
Julien Koschmann
Professor of History
Cornell University231
705 Ringwood Road
Ithaca, NY
Stacy Binkerd
392 Locke Rd
Groton , NY
Susan Daum, M.D
Environmental and Occupational Medicine
16 East 96th Street #5A
New York, NY
500 7th ave
new york, New York
Lisa Sanfilippo
1108 N Cayuga St
Ithaca, NY
Zorika Henderson
7 Sunny Knoll
Ithaca, NY
Debbie Biltonen
3336 Podunk Road
Trumansburg, NY
Daniel Otis
815 North Tioga
Ithaca, NY
Robert Schwab
124 Gale Place 8F
Bronx, NY
diane specioso
Michael Gorr
Group co-ordinator
Southern Cayuga Anti-Fracking Alliance
8 Deer Run
Skaneateles, NY
Elizabeth Panus
60 Summit Ave.
Buffalo, NY
Hayley Corson-Rikert
Ithaca, New York
Thomas Sharrard
340 South Mountain Road
Wallkill, NY
Hugh Kimball
8223 Dexter Parkway
Baldwinsville, NY
Sheila Long
Transfiguration Monastery
701 State Route 79
Windsor, NY
A. Lindsay Groves
Principal Cellist
Symphoria, Music Associates of CNY
1246 Minnow Cove
Skaneateles, NY
Ayne Sheldon
1511 Ridge Road
Lansing, New York
David Ritchie
160 Crescent Place
Ithaca, NY
John Bijarney
Founding member
Concerned Citizens of Rural Broome
101 South Street
Chenango Forks, New York
cindy connine
Nancy Istock
41 Horizon Dr.
Ithaca, NY
Adrianna Hirtler
319 Center St
Ithaca, NY
Laura Glenn
815 N. Tioga St.
Ithaca, NY
Lisa Montanus
Woodstock, Choose a State
Daniel Ripperton
337 Rachel Carson Trail
Ithaca, NY
Maureen Black
15 Hi View Road
Wappingers Falls, New York
David Bullard
566 Clark Rd.
Gansevoort, New York
Don Moore
Common Council President
City of Hudson
452 Easr Allen Street
Hudson, Ny
Ryan Clover-Owens
127 Anabel Taylor Hall
Ithaca, New York
Laurel Mastrogiovanni
217 Hessian Hills Rd.
Croton on Hudsy, NY
Patricia Goldsmith
205 Schneider Road
Hudson, New York
Kathleen Bowers
751 Basket Road
Long Eddy, New York
Cheryl Kindt
Prospect Ave
Binghamton, NY
Bonnie Logan
3199 Grenell Road
Middle Grove, NY
Josephine Girardin
27 Reilly Street
West Islip, NY
Esther Herkowitz
94 Mary Street
Ithaca, NY
Rita Beren
West End Avenue
New York, NY
Lisa Ripperton
337 Rachel carson Trail
Ithaca, NY
Dawn Noble
40 Linn Ave
Auburn, New York
Sandy Wraight
9 Redwood Lane
Ithaca, NY