Statewide NY

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    NY DOH Docs Show Geisinger Fishing for $, Ralph Nader Lurking

    The anti-drilling Seneca Lake Pure Waters Association and the Gannett Albany Bureau filed identical Freedom of Information Law (or FOIL) requests in Jaunary of this year to get information about the so-called review of health effects from fracking, a review being conducted by the NY Dept. of Health (DOH) and it’s resigning Commissioner, Nirav Shah. Some five CDs and one DVD full of information later and we have a few interesting tidbits. One tidbit is that Geisinger Health System, which famously launched a multi-year study of the “health effects” of fracking in PA without any money to fund the study (see PA Marcellus Health Study Still No Pulse – Needs Extra $24M), tried to enlist Shah and the NY DOH, no doubt believing NY is flush with Wall Street cash. NY politely declined.

    We also learn the wacky Ralph Nader requested a meeting with NY Dept. of Environmental Conservation Commissioner Joe Martens. Ralph wants all fracking everywhere–from here to Pluto–to stop. Martens politely declined the meeting (time waster for Joey). Here’s an overview, based on the documentation, of what the DOH has–and has not–done in their ongoing, never ending review of the “science”…
    Read More “NY DOH Docs Show Geisinger Fishing for $, Ralph Nader Lurking”

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    Striking Similarities Between Keystone XL Pipeline & NY Fracking

    The Keystone XL Pipeline and high volume hydraulic fracturing (fracking) in New York State have a lot in common. In fact, we were thunderstruck by the similarities when reading in the Wall Street Journal on Saturday that President Obama has, once again, delayed a decision on the Keystone–likely until after the fall elections. Note how these two are similar: both the Keystone and NY fracking have been in limbo, on hold, for almost the same amount of time–just about six years; both are being delayed by indecisive Democrats who fear the rabidly left nutters in their party that make a lot of noise; both “leaders”–President Obama and Gov. Cuomo–are depending on the media to assist them and for voters to ignore their torpidity on this vital issue; both “leaders” are flagrantly violating law and litigation has ensued in both cases.

    Not that it is a Marcellus or Utica story per se, but below is the WSJ article from Saturday. See if you too notice how closely the Keystone XL parallels fracking in NY…
    Read More “Striking Similarities Between Keystone XL Pipeline & NY Fracking”

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    JLCNY Says Nirav Shah Departure Won’t Slow Down Fracking Lawsuit

    Ya just can’t keep good help if you only pay ’em $130,000 a year. So says the man-child who is governor of New York–Andy Cuomo. In a vainglorious attempt to spin the very bad news (for him) that his top health official has had enough of his dithering ways, Gov. Cuomo yesterday told reporters the ongoing so-called health review of new fracking rules has nothing to do with Shah’s departure. Shah is heading as far from New York as he can get, to California. Cuomo’s convinced we’re all idiots and don’t see the truth (see our article from yesterday, State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY).

    In comments yesterday Cuomo said Shah makes $130,000 per year, when it’s actually $136,000. Like most politicians, Cuomo plays fast and loose with numbers. The health department first said Shah is leaving in June, but then Shah said no, I’m outta here on May 4th, and so the health department backpedaled, sputtered, and said well yeah, we guess it is May 4th after all. What a dysfunctional joke (that’s not very funny for the residents of NY). The Joint Landowners Coalition of New York (JLCNY) is certainly not amused. They issued a statement yesterday that their lawsuit against Shah (and/or his replacement), and Gov. Cuomo and DEC Commissioner Joe Martens will proceed full speed ahead, regardless of Shah’s departure. We hope the JLCNY continues their lawsuit against Shah all the way to California for his collusion with Cuomo and Martens to prevent drilling for the past year and a half…
    Read More “JLCNY Says Nirav Shah Departure Won’t Slow Down Fracking Lawsuit”

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    State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY

    keep calm and blame the whipping boyApparently Dr. Nirav Shah, State Health Commissioner in New York, is tired of being Andrew Cuomo’s tool–Andy’s whipping boy. For more than a year Cuomo has been able to hide behind an unfinished so-called public health review of proposed new fracking rules, proposed by the state’s Dept. of Environmental Conservation (DEC). In what can only be called a conspiracy, DEC Commissioner Joe Martens asked Shah for a review of the SGEIS with an eye to how shale drilling may (or may not) affect this nebulous concept called “the public health.” It’s now obvious that both Martens and Cuomo had set up Shah as the fall guy, requesting (we suspect) that Shah intentionally delay his findings. Shah has been carrying their water for more than a year now. Recently Norse Energy and the Joint Landowners Coalition of New York sued Cuomo, Martens and Shah to force them to finish the health review and release the new drilling regs (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah).

    Yesterday Shah announced he is stepping down from his position in June. He’s had enough of this incestuous mess called New York State politics, and enough of the man-child Andy Cuomo–a pathetic politician who can’t make a decision about fracking. The reason we suspect Cuomo asked Shah to delay the results of his “health review” is because a) Shah originally said the review would be done within several weeks, which has turned into more than a year, and b) Shah is leaving to become Chief Operating Officer of the Kaiser Foundation Health Plan in southern California–at double or triple his current salary. It’s a huge promotion. You think Kaiser would hire a new COO who is inept and can’t complete a simple and straightforward health review? No way–which tells you Shah was delaying at the request of Cuomo and Martens. And he’s now had enough…
    Read More “State Health Com. Nirav Shah has Enough of Andy Cuomo, Leaving NY”

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    Exxon Mobil Shaken Down by NYS Comptroller Thomas DiNapoli

    GoodFellasThe Comptroller of the State of New York, Thomas DiNapoli, is the sole person in charge of The New York State Common Retirement Fund–a fund with $160 billion in it. DiNapoli, or rather the NYS Common Retirement Fund, owns $1.02 billion of Exxon Mobil stock. Unfortunately, DiNapoli is an anti-drilling bully (see our list of MDN articles here). When someone like DiNapoli has you by the short hairs and is pulling, you ask him how high he wants you to jump. That’s what’s happening to Exxon Mobil.

    DiNapoli is forcing Exxon Mobil to write a cockamamie report on the so-called hazards of fracking, to be released this September on the Exxon website. So what if the report shows there are no (or very few) actual hazards in fracking? Yeah, right. They don’t call people like Tommy DiNapoli a goodfella for nuttin’. Exxon is getting shaken down by a bullying investor that holds a lot of stock. And not just any investor–but a government official to boot. It’s sleazy, it’s disgusting, and it’s New York politics. What do you think Exxon’s report on fracking will say?…
    Read More “Exxon Mobil Shaken Down by NYS Comptroller Thomas DiNapoli”

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    Vicariously Attend FERC Scoping Hearing on Constitution Pipeline

    microphone in auditoriumMDN editor Jim Willis attended the Federal Energy Regulatory Commission (FERC) scoping hearing for the Draft Environmental Impact Statement (DEIS) for the Constitution Pipeline last Wednesday night (April 2nd) in Afton, NY. Held at the local Afton High School auditorium, there were 250-300 people in the audience. Some 50 or so signed up to address the three FERC representatives who were there to listen to public testimony about the DEIS and proposed plan to build a 30-inch, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY to carry cheap, abundant Marcellus Shale gas to markets that include New York City and New England. The pipeline project is projected to cost $683 million (money pumped mostly into the upstate New York economy), and provide 1,300 temporary jobs while it’s built.

    To say it was a lively audience would be an understatement. Jim stuck around for more than two hours to listen and observe. In one sense the hearing was not unlike others Jim has sat through. But in another sense, it was different–even instructive. More than one speaker on the anti-drilling side bemoaned the fact that Williams and the Constitution Pipeline has “split the community” and has “pitted neighbor against neighbor.” Really? What Jim witnessed was a vibrant, healthy, vigorous political discussion not unlike the discussions neighbors have been having with neighbors since the founding of our great country. We gather and engage in a spirited debate–sometimes shouting matches–to avoid killing each other. We are not (yet) a banana republic. We are still (for now) a nation of laws. Loud and boisterous debate is our proud heritage and it should be encouraged–not discouraged. What Jim saw heartened him, instead of the opposite.

    And what did Jim see? You could say the speakers broke into two camps–for and against the pipeline. But that would be too simplistic. Come along with Jim as he introduces you to several speakers from that night, representing not a simple for/against mindset, but a continuum of outright support to outright opposition–with many shades in between. We’ll do it through the lens of four archetypes that we think best represent the passion, emotions and arguments presented at the meeting…
    Read More “Vicariously Attend FERC Scoping Hearing on Constitution Pipeline”

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    The Human Cost of Delay in New York — Absentee Husband

    New York’s ongoing delay in allowing shale drilling has very real costs for very real people. Some losers say, “That gas has been in the ground for a million years, it ain’t going anywhere. Let’s take our time and figure this out.” Waiting has a cost too–especially since drilling has proven to be safe in over 60,000 shale wells drilled in other states. The 70,000-member Joint Landowners Coalition of New York has sued Gov. Cuomo because he has, in essence, stolen the football off the field of play and has run out of the stadium with it. Under the rules (i.e. New York law) you can’t do that. You must make a decision in a timely manner because lack of decision is recognized as causing harm. But the JLCNY is not the only party to the lawsuit that would force Cuomo to complete the review process. There are also several individuals suing Cuomo too.

    An article in today’s New York Post looks at one of those individuals–Jon Kark. Jon is the owner, with his dad, of a 353-acre farm in Broome County, NY–just a few miles from where MDN editor Jim Willis is writing this very article. Jon is the sixth generation of Karks to own that land. In order to keep the land and the farm operating, Jon is never home–literally. In 2009 Jon had to leave town for a job that will pay the bills, including steep NY taxes assessed on his property. He gets home one or two weeks every year, and that’s it. He’d rather be at home working the farm, but he can’t afford it. His family can’t afford it. He could be at home working the farm, if Cuomo would get off his rear-end, suck it up and make a manly decision for a change, instead of dithering around, showing total lack of leadership…
    Read More “The Human Cost of Delay in New York — Absentee Husband”

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    JLCNY Legal & Moral Response to NY AG’s Request to Dismiss Lawsuit

    scales of justiceYesterday MDN told you about New York’s shameful Attorney General, Eric Schneiderman, had filed to dismiss the lawsuit brought by the 70,000-member Joint Landowners Coalition of New York that seeks to have the courts force Gov. Cuomo and his lieutenants to do their job and release new drilling regulations (see NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo). Immediately following our publication of that article, the lead attorney for the JLCNY, Scott Kurkoski, emailed MDN two legal documents he had filed in responding to the AG’s request to dismiss.

    The first document (embedded below) is the 43-page “Petitioners-Plaintiffs’ Memorandum of Law in Opposition to Motion to Dismiss”–the official response to Scneiderman’s shameful attempt to deny justice to residents of New York. It contains all of the legal reasons why the Article 78 case should move forward, and why Schneiderman’s request to dismiss should be denied. The second document (also embedded below) is a 113-page “Affirmation of Scott R. Kurkoski in Support of Petitioners-Plaintiffs’ Opposition to Respondents-Defendants’ Motion to Dismiss.” Only a lawyer can come up with a name like that! This second document is Scott essentially saying, “I’m a lawyer in this case with personal knowledge, and I support the JLCNY’s request to deny dismissing the case, and here’s why…” The first document contains the legal reasons why the case should move forward, the second document contains the moral/ethical reasons and pertinent background. Why read through a 113-page legal document?…
    Read More “JLCNY Legal & Moral Response to NY AG’s Request to Dismiss Lawsuit”

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    NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo

    In early March MDN told you the sad news that New York’s own Attorney General, Eric Schneiderman, is actively working against the residents of the state of New York by filing to dismiss a lawsuit brought by Norse Energy that would force Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to do their jobs and release new drilling regulations (see NY Attorney General Files to Dismiss Norse Lawsuit, More Delays). The 70,000-member Joint Landowners Coalition of New York also filed an “Article 78” lawsuit, similar to the Norse lawsuit.

    NGI’s Shale Daily is reporting that AG Schneiderman’s office has now filed a motion to dismiss this second lawsuit–fantastically claiming the JLCNY, which represents more than 70,000 New York landowners who want to see drilling commence, has “no standing.” Talk about chutzpah. Here’s the latest on the dysfunctional mess that is called New York State:
    Read More “NY AG Schneiderman Files to Dismiss JLCNY Lawsuit Against Cuomo”

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    EPA/DOI Ask for More Time to Review PA-NY Constitution Pipeline

    NGI’s Shale Daily is reporting both the federal Environmental Protection Agency (EPA) and the Dept. of Interior (DOI) have filed requests with the Federal Energy Regulatory Commission (FERC) to extend the comment period on the proposed 124-mile Constitution Pipeline. The Constitution will run from the prolific gas fields of Susquehanna County, PA across the border and up into Schoharie County, NY where it will interconnect with two major interstate pipelines–carrying Marcellus Shale natural gas produced by Cabot Oil & Gas and other drillers (see New Marcellus Constitution Pipeline Announces “Final” Route). Along the way a local utility company will tap into the Constitution to deliver natural gas to rural locations (see Leatherstocking to Tap Constitution Pipeline for Local Deliveries).

    However, the Constitution will need to make a few changes, according to FERC (see FERC: Constitution Pipeline Should Make Changes to Lessen Impacts). But nothing too major. That is, unless the EPA and DOI jump in with new demands. Their delay is unwelcome and potentially troubling–although we’re not ready to hit the panic button just yet. Here’s what Shale Daily says about the request from EPA & DOI:
    Read More “EPA/DOI Ask for More Time to Review PA-NY Constitution Pipeline”

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    NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25

    Sadly, politics in New York State have become so corrupt that even the State Attorney General, Eric Schneiderman, actively works against the interests of the people he’s sworn to protect–the citizens of New York State. Late last year Norse Energy sued Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah over their collusion to stop shale drilling in the state (see Norse Energy Sues Gov. Cuomo to Force Release of Fracking Regs). Later, the 70,000-member Joint Landowners Coalition of New York joined that lawsuit (see D-Day: JLCNY Files Lawsuit Today Against Cuomo, Martens, Shah).

    How has AG Schneiderman reacted? By filing to dismiss the lawsuits and delay (see NY Attorney General Files to Dismiss Norse Lawsuit, More Delays). It’s utterly shameful. The lawsuit was scheduled for a hearing first in January, then moved to February, then March, and now April. It appears Norse and the JLCNY, whose cases are now tied together, will finally get a hearing at the end of April–on the 25th…
    Read More “NY Update: Norse/JLCNY Lawsuit Hearing Date Set for April 25”

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    NY Attorney General Files to Dismiss Norse Lawsuit, More Delays

    The government of the State of New York–or rather certain government officials–continue to deny justice to residents in the state. The state’s supposed chief defender of the law, Attorney General Eric Schneiderman, unbelievably has filed a motion to dismiss the Article 78 case filed by Norse Energy that would compel Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to stop their intentional obstruction and finalize shale drilling rules. Norse, and the residents of New York, have been denied justice for 5 1/2 long years, and now Schneiderman doesn’t even want to allow those people their day in court. The attempt, if successful, would be an unimaginable miscarriage of justice by the highest officials in the state. It is, in fact, government tyranny of its residents.

    Norse’s legal beagle, Tom West, has filed a counter motion to the AG’s motion that points out the arrogance and huge legal holes in the AG’s arguments. In addition to delaying a hearing that was first set in January, then moved by the court to March, and now moved again to “sometime in April,” the court that will hear the case (Albany County Supreme Court) has decided to join a similar case brought by the 70,000-member Joint Landowners Coalition of New York to the Norse Energy case. West believes the AG will try to dismiss the JLCNY case as well (Schneiderman has no shame and actively works against his own constituents). Below is an update from The West Firm along with an announcement from the JLCNY about the further delay in their case…
    Read More “NY Attorney General Files to Dismiss Norse Lawsuit, More Delays”

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    Political Opposites Unite to Form Pro-Fracking Group in NY

    The 70,000-member Joint Landowners Coalition of New York (JLCNY), along with the Broome County Farm Bureau and several Southern Tier labor unions formed a new group (perhaps confederation is a better word) yesterday called Southern Tier Residents for Economic Independence. The new group illustrates how the fracking issue unites groups of people that often are on opposite sides of the political spectrum. Many labor unions are pro-fracking, a little-known secret anti-drilling “environmentalist” groups like to hide since labor unions usually swing Democrat/Liberal with their voting block. The fact that unions are defecting to “the other side” on this issue is causing heartburn inside anti-fracking central–places like Citizen Action of New York and the Park Foundation. Such anti-drilling groups haughtily believe they “own” the labor unions. Problem is, rank and file union members didn’t get that particular memo.

    Here’s the story of people with different political philosophies reaching across the isle for a righteous cause–shale drilling in NY…
    Read More “Political Opposites Unite to Form Pro-Fracking Group in NY”

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    Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now

    Just a quick word of encouragement to participate in an informal poll on the Binghamton Press & Sun-Bulletin website that asks the question: “Should New York approve natural gas drilling?” This poll has been active since late last week, so we expect them to shut it down at any time–be sure to vote right away (if that’s your pleasure). As of this morning, some 18,133 people had voted. Here was how the results stood…
    Read More “Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now”

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    Constitution Pipeline Payments to Groups – Donations or Payola?

    money bagWhat do you call it when a company pays money to local organizations and agencies before the project has been fully approved by federal, state and local agencies? These payments, mind you, are not fees for permits or licenses, but voluntary chunks of money offered to groups that may be affected by the project if it’s built–in this case a pipeline. Is it called, Good corporate citizenship? Being a responsible member of the local community? Or perhaps, payola?

    Regardless of what you call it, the Constitution Pipeline, a desperately needed natural gas pipeline that will run from the gas fields of Susquehanna County, PA to central New York where it will connect to two major interstate pipelines, has now paid out more than $1 million in “community grants” to help build support for the pipeline. Is that a good thing, or bad? We think it’s time to have that discussion…
    Read More “Constitution Pipeline Payments to Groups – Donations or Payola?”

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    Sandra Steingraber’s Big Gaffe at You Defend It Debate

    A few days ago we gave you our eyewitness account of a debate between John Holko, president of Lenape Resources and Sandra Steingraber, author, erstwhile biologist and Rachel Carson wannabe (see Fracking Debate at Binghamton U: Holko vs Steingraber). It was a good debate to illustrate the utter lack of credibility and facts used by anti-drillers like Steingraber. In writing up our review, we overlooked perhaps the most outrageous and silly thing Steingraber said Monday night. She was pressing home the point she believes it’s time, right now, for New York to flip the switch and end the use of all fossil fuels (yes, she’s that “out there”). Debate moderator Rob Kilmer was somewhat incredulous and asked her if/how we might accomplish such a feat. She responded there is historical precedence–that at one time in our country’s (evil, vile) history, we could not conceive of a national economy without slave labor–and in the same way we overcame that morally abhorrent practice, we can overcome using fossil fuels today–apparently something equally abhorrent for Steingraber. You read that right–she equated burning fossil fuels for energy (something every single person reading this does, including Steingraber) with the enslavement of Africans in our distant past. How twisted is that?

    Our good friend Tom Shepstone from the must-read Natural Gas Now website brings us his view of the debate and recounts Steingraber’s “gilding of the lily” with her slavery comment…
    Read More “Sandra Steingraber’s Big Gaffe at You Defend It Debate”