You are here

Coalition Letter Which Requests That Governor Cuomo Take Immediate Action to Enact a Comprehensive New York State Statutory Prohibition of All Forms of High-Volume Hydraulic Fracturing Using Water, Gelled Propane or Any Other Fluids

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


We, the undersigned, write to request that you take immediate action to submit a bill to the New York State Legislature and make sure it is enacted into law in order to establish a comprehensive statewide statutory prohibition of all forms of High-Volume Hydraulic Fracturing (HVHF) using water, gelled propane or any other fluids.

In June 2015 your Department of Environmental Conservation (DEC) purported to adopt a prohibition of this highly polluting natural gas and oil extraction method after a seven-year regulatory review. However, the FINDINGS STATEMENT OF THE FINAL SUPPLEMENTAL GENERIC IMPACT STATEMENT ON THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM was based on a woefully inadequate definition of HVHF:

"High-volume hydraulic fracturing is defined as the stimulation of a well using 300,000 or more gallons of water (emphasis added) as the base fluid for hydraulic fracturing for all stages in a well completion, regardless of whether the well is vertical or directional, including horizontal."

DEC's HVHF definition deliberately excluded highly flammable and potentially explosive "waterless" gelled propane fracking that had been proposed in Barton, NY circa 2012. If approved, that project reportedly could allow gelled propane fracking under more than 130,000 acres in Tioga County as well as in New York's entire Marcellus Shale formation.

See: Tioga County landowners look towards propane fracking

LPG Fracking Coming to Tioga NY?

Propane fracking deal reached in NY; Plan would open 130,000 acres in Tioga County for drilling

Request That You Adopt a Moratorium on Gelled Propane Fracking Because New York has Never Assessed its Public Health and Environmental Impacts

DEC is currently reviewing a: Tioga Energy Partners, LLC ECL Article 23 Application for Permit to Drill Using Gelled Propane Hydraulic Fracturing

Given that the public health and environmental hazards of "waterless" gelled propane fracking have never been assessed by New York authorities and the State Legislature is currently recessed, we request that you require DEC to adopt a de facto moratorium on this fracking method because it poses the same public health and environmental hazards that persuaded your administration to adopt its landmark High-Volume Hydrofracturing prohibition:

"The Department adopts the NYSDOH [New York State Department of Health, not in the original] statement in the Public Health Review that '[w]hile a guarantee of absolute safety is not possible, an assessment of the risk to public health must be supported by adequate scientific information to determine with confidence that the overall risk is sufficiently low to justify proceeding with HVHF in New York. The current scientific information is insufficient. Furthermore, it is clear from existing literature and experience that HVHF activity has resulted in environmental impacts that are potentially adverse to public health.'

The Department concludes that while the mitigation measures in some instances would likely be effective in reducing the risk of impacts, in other instances impacts would only be partially mitigated, and in some instances the Department recognizes that there is insufficient information, or too much uncertainty as to the effectiveness of the mitigation, to determine if the impacts Findings Statement, Page 40 could be adequately mitigated at all. The Department concludes that there would be unavoidable cumulative impacts to community character and wildlife habitat.

Based on unavoidable adverse environmental impacts and uncertainty regarding the science surrounding high-volume hydraulic fracturing and its potential impacts to public health and the environment, the Department finds that the best course of action is to select the No Action alternative. Selection of the No Action alternative means that the Department will not establish a high-volume hydraulic fracturing permitting program; that no individual or site-specific permit applications for wells using high-volume hydraulic fracturing will be processed; and that high-volume hydraulic fracturing will be prohibited in New York State (emphasis added)."

See: Findings Statement (PDF)

In order to implement a de facto moratorium on gelled propane fracking permit approvals, we request that DEC immediately halt all consideration of a proposed scope of work that could authorize preparation of a Draft Supplemental Environmental Impact Statement (DSEIS) for the Tioga Energy Partners, LLC proposed Gelled Propane Hydraulic Fracturing project in Barton, NY.


With all respect, it would be utterly irresponsible of you to allow DEC to permit a DSEIS to be undertaken for gelled propane shale fracking based on the 1992 Generic Environmental Impact Statement (GEIS) ON THE OIL, GAS AND SOLUTION MINING REGULATORY PROGRAM. In 2008, DEC determined that the outdated GEIS was wholly insufficient to regulate High-Volume Hydraulic Fracturing in New York. Moreover, New Yorkers can have no confidence in any environmental review conducted by a permit applicant with an indisputable conflict of interest.

In conclusion, given the inadequacy of your High-Volume Hydraulic Fracturing prohibition based solely on hydrofracking, we request that you enact a comprehensive statewide statutory prohibition on all forms of HVHF using water, gelled propane or any other fluid. Until that has been achieved, we request that a moratorium be immediately adopted for gelled propane fracking in New York.

We trust that you will find our request to be self-explanatory and look forward to receiving your reply. Thank you for your consideration.

Very truly yours,

cc: Honorable B. Seggos
Honorable Howard Zucker
Honorable Steve Englebright
Honorable Todd Kaminsky
Honorable Donna Lupardo
Honorable Thomas F. O'Mara

Total Signatory Count: 534

Steve Ellsworth
Board Member
Sustainable McDonough
850 Hammerle Rd
Oxford, NY
Maura Hibbitts
181 Honeywell Corners Rd
Broadalbin, NY
Peter Morrison
Trout Unlimited
1425 Thickett Rd
Castleton, New York
Carl Arnold
510 Turk Rd
E Meredith, NY
Elaine Sperbeck
main street first
618 E Monroe st
Little Falls, New York
John McClelland
Ames, IA
joseph kotula
buildings and grounds officer
franciscan mountain retreat
3621 roberts rd, po box 100
westclarksville, NY
Gordon and Smith
265 Merrill Creek Rd
Marathon, New York
shyama orum
305 West 28 Street #16E
New York, NY
Risa Sokolsky
302 Van Ostrand Rd
Ithaca, NY
ryan jones
2480 pomeroy rd
treadwell , ny
Eleanor Moriarty
7540 Charlotte Creek Rd
Davenport , New York
Eli Pepper
22 park trail
croton , NY
Jeni DeMarco
9296 Scipio Rd
Nunda, NY
Erin Cowles
PO Box 861
Franklin , NY
Kim Noel
9 s Hayward’s road
Sparta , NJ
Jerry Ravnitzky
Toxics Targeting
124 Hill Street
Mahopac, New York
Jennifer Lahey
1 Orchard Drive
South Salem, NY
Heather Lackey
31 Lakeview Pass
Katonah, NY
Eugene Marner
P.O. Box 291, 29 Water Street
Franklin, NY
Irene S Miller
6 Terrace Ct
Rye Brook, NY
Laura Fennimore
110 Half Moon Rd
Highland , NY
susan Gateley
Lakeshore Environmental Action
14550 Lake street
sterling, NY
Mark Pezzati
583 Rich Road
Andes, NY
Karen Stamm
366 Broadway, New York, NEW YORK 10013, United States
New York , NY
myrah wize
207 simmons court
woodstock, NY
Suzanne Burger
66 Stratford Avenue
White Plains, NY
Vivian Linder
47 waters edge
Rye , New york
Betsy Wohl
958 Tallow Hill Rd.
Spencer, NY
Robert Kesten
Movement for Learning Human Rights
PO Box 312
Kenneth Fogarty
Professor Mathematics Emeritus
746 Gospel Hill Road
Guilford, NY
Patrice VanSlyke
289 Farnham Road
Windsor, NY
Greg Lester
108 Nelson Frank Rd
Deposit, NY
MargaretAnn Bowers
433 NGeneva St Apt#2
Ithaca, NY
Peter McCartt
Owner - Operator
The Barn Band
36 Tuckahoe Avenue
Eastchester, NY
Janet VanEtten
147 Stark Road
Newfield, NY
Heather DaSilva
200 Church street
White Plains, New York
David Gallahan
511 Spencer Rd
Ithaca, NY
Heriberto Rodriguez
533 County Highway 18
Mount Upton, New York
Mr. and Mrs. David Bartels
Concerned citizens of Oneida County
6927 Valley View Rd.
clinton, NY
Maude Rith
Administrative Coordinator
Suicide Prevention & Crisis Service of Tompkins Co Inc
540 Main St
Ann Mallozzi
2140 Long Creek Road
Apalachin, NY
rita o keeffe
11 Powder Hill Rd
Waccabuc, NY
Robin Briehl
11 Powder Hill Rd
Waccabuc, NY
Nancy Rienza
1697 st Rte 220
Mcdonough, NY
Deirdre A. Cole
Clinical Social Worker Psychotherapist
Deirdre A. Cole, LCSW, BCD
131 Armonk Rd
Mount Kisco, NY
David McCartt
170 Tubbs Hill Rd.
Berkshire, NY
Patricia Maule
28 Columbine Drive
Binghamton , New York
judith ackerman
636 wea
nyc, ny