NY Fracking Decision Delayed by Cuomo Administration, Too Early to Pop Champagne Bottles

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New York Democraticย Gov. Andrew Cuomo’s administration – led by a potential 2016 Democratic Party nominee for president –ย has announced it won’t achieve the late-Feb. deadline it set on whether or not it would green light shale gas drilling, known by most as โ€œfrackingโ€ (hydraulic fracturing).

This announcement fell a day after DeSmogBlogย released what โ€œfracktivistsโ€ have now dubbed the โ€œNew York Fracking Scandalโ€ documents, also housed on NYFrackingScandal.com.

These documents reveal that Cuomo’s chief-of-staff, Larry Schwartz, has thousands of dollars in stock portfolio investments in oil and gas corporations with a financial stake in fracking proceeding in New York, a possible violation of the state’s conflict-of-interest law and potentially a form of insider trading. The documents also detailed that lobbyists from these very same corporations have also had VIP meetings with Cuomo’s top-level aides in the past several months, granted prime access to the Administration to influence-peddle in the run-up to the looming frackingย decision.ย 

Yesterday, citing the necessity to โ€œlet the science determine the outcome,โ€ NY Department of Health Commisioner (DOH) Nirav Shah wrote that the DOHย โ€œwill require additional time to complete based on the complexity of the issuesโ€ in a letter to NY Department of Environmental Conservation (DEC) Commissioner, Joeย Martens.ย 

Shah closed his letter by stating, โ€œWhatever the ultimate decision on [fracking] going ahead, New Yorkers can be assured that it will be pursuant to a rigorous review that takes the time to examine the relevant healthย issues.โ€

Martens offered a brief response, concurring with Shah and writing thatย โ€œthe science, not emotion, will determine theย outcome.โ€

Front-line fracktivists see the Administration’sย reprieveย as a positive development – at least forย now.

โ€œCommissioner Shah is correct that the state needs to take the time to do a comprehensive study of the health effects of fracking to protect the public health,โ€ย said Sandra Steingraber, previously interviewed on DeSmogBlogย in late-2011 about her latest book, โ€œRaising Elijah.โ€ย 

โ€œAs he notes, no comprehensive studies have been done to date and New York must do so before making a decision about fracking. We are confident that such a review will show that the costs of fracking in terms of public health areย unacceptable.โ€

A recent webinar hosted by one of the outside peer reviewers of the delayed DOH study, though, reveals that the water here is a bit muddier than it appears on theย surface.ย 

Concerned Health Professionals of NY: DOH Review Fatallyย Flawed

The study both the NY DOH and DEC say they mustย stillย finish has actually been parked on Shah’s desk for months, according to the reporting of Gannett‘s Jon Campbell.ย 

โ€œThree outside experts assisting New York with a health review of hydraulic fracturing say their work was completed more than a month ago,โ€ Campbell wrote on Feb. 8.ย 

One of those three reviewers was Richard โ€œDickโ€ Jackson, University of California-Los Angeles (UCLA) professor and Chairย of its Department of Environmental Healthย Sciences.

Jackson, according to an email obtained by Campbell, told Physicians for Social Responsibility that he submitted his health review of the DOH‘s completed study in early December. Translation: a completed review has sat in the DOH‘s hands for over twoย months.

Jackson’s hour-long Jan. 9 webinar titled, โ€œHydraulic Fracturing Impacts Human Health: Public Health Strategies to Reduce the Risksโ€ offers a lens into the possible content of that review. Concerned Health Professionals of NY (CHPNY) – founded by Steingraber – concluded that this presentation is cause for concern, saying that it was โ€œgrossly inadequate andย flawed.โ€

CHPNY saysย that Jackson’s presentationย cited antiquated studies on climate change impacts of fracking, referred to the now-discredited โ€œfrackademiaโ€ study published by Penn State University professor Timothy Considine (funded by the industry lobbying tour de force, the Marcellus Shale Coalition) as an โ€œexcellentโ€ one. Jackson also claimed that he was โ€œnot in a position to debateโ€ the veracity of fracking’s link to water contamination claims – even though the scientific literature shows a clear linkage.

Kathleen Nolan ofย Catskill Mountainkeeper, Anthony Ingraffea of Cornell University (co-author of the definitive โ€œCornell Studyโ€ showing fracking’s lifecycle climate change contribution is dirtier than coal’s) and Steingraber annotated and footnoted these scientific critiques into the webinar’s transcript.ย 

Steingraber didn’t mince words on what she feels are the webinar’sย implications.ย 

โ€œThe cursory and poorly informed content of Jacksonโ€™s January 9, 2012 one-hour, national webinar presentation undermines the credibility of the stateโ€™s review process, as it suggests that the materials provided to Dr. Jackson were dated and poorly sourced, rather than gleaned from up-to-the-minute peer-reviewed and independent scholarly reports,โ€ she said. โ€œBy his own account, Jackson gave the presentationโ€ฆafter he finished his analysis of New York Stateโ€™s healthย review.โ€

In short, the Cuomo Administration has postured as if the health review is incomplete, while the reality is that it’s been finished since earlyย December.

Thus, the decision at this point comes down to a pure political calculus. This is confirmed byย The New York Times‘ reporter Danny Hakim, who wrote, โ€œofficials who have discussed the matter with the governor have said that his hesitation is principally political, not scientific.โ€ย 

Activism Works, Too Early to โ€œPop Champagneย Bottlesโ€

New York serves as a case study: grassroots social movements can make a dent.ย 
ย 
While the Cuomo Administration’s review of fracking in New York has reeked of rampant corruption, โ€œfracktivistsโ€ have stood their ground throughout. Without their outside agitation, it is likely the climate change-inducing, water-contaminating, air-intoxicating process would have received a routine rubber-stamp.
ย 
The โ€œwarโ€ then – as the shale gas industry so fondly frames it – carries on and it’s far too early to pop champagne bottles on either side.
ย 
Photo Credit:ย ShutterStockย |ย Kesu
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Steve Horn is the owner of the consultancy Horn Communications & Research Services, which provides public relations, content writing, and investigative research work products to a wide range of nonprofit and for-profit clients across the world. He is an investigative reporter on the climate beat for over a decade and former Research Fellow for DeSmog.

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