Marcellus momma's - Page 3

[tri31]

Caneel, I was reading that many water tests don't really address things in fracking waste water.  My dad lives in Bradford county, I know what you mean about the "as long as the cash is flowing, ignorance is bliss" mentality you see in the locals.  I pray you well.

In the event, any of you all are close to the  Southern Tier

FREE TALK BY DR. SANDRA STEINGRABER

PROTECTING OUR CHILDREN FROM ENVIRONMENTAL POLLUTION

Author whose book has been featured as an HBO movie "Living Downstream"

Friday, May 13, 2011 7:00 pm (doors open at 6:30 pm) Clayton Ave Elementary School, 209 Clayton Ave, Vestal, NY

Dr. Sandra Steingraber is a mother, biologist, ecologist, and cancer survivor who has won the Rachel Carson award for her writing about the connection between our health and the environment. Dr. Steingraber will be available for a book signing of her new book, "Raising Elijah," following the talk.

Sponsored by Binghamton Regional Sustainability Coalition

[Quirky]

Hi mamas, I haven't had a chance to read the whole thread but wanted to say hi -- I'm a long-time MDC mama and I'm also the senior attorney for the Delaware Riverkeeper Network, www.delawareriverkeeper.org and we are deeply involved in shale gas advocacy. I have two lawsuits pending against the Delaware River Basin Commission right now on shale gas and another in Pennsylvania against the DEP. We also submitted extensive comments on the DRBC draft regs. Please check out our website for advocacy opportunities!

[tccandlsccmom]

Such an important cause!  Great info on this site....

[tri31]

New York bankers are highly concerned about natural gas leasing impacts on mortgage lending. 
Due to current lending policies and practices, properties with gas leases might not quality for mortgage loans.  Properties might not quality for mortgage loans even if properties with gas leases are located within 200 feet. 
Suffice it to say, this issue could have devastating economic effects on homeowners, real estate investors, financial institutions and Wall Street. 

Key sections are highlighted to help you wade through the banking jargon and my equally dense prose. 

It is more important than ever to ask your Legislators to become signatories to Assemblywoman Lifton's letter to Governor Cuomo requesting that the scope of the SGEIS be expanded.  Use the form letter below.

Finally, we are barely short of 5,000 signatories to the coalition letter that asked Governor Cuomo to expand the scope of the SGEIS.  Please beat the bushes to help us reach that goal. 

Hold onto your hats.  The mortgage loan issue could really pack a wallop.  I will keep you apprised. 

Best,

Walter

May 17, 2011

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

Dear Governor Cuomo:

As you will see from the information I am providing for your review, New York lenders are gravely concerned about natural gas leasing potentially reducing property values, threatening the "quiet enjoyment" of homes and preventing the granting of mortgage loans in our state. 

That is why I write to request that you immediately expand the scope of the Marcellus Shale Supplemental Generic Environmental Impact Statement (SGEIS) to address gas leasing impacts on homeowners, real estate investors and financial institutions. 

Given the wide-ranging economic implications of these mortgage lending concerns, this issue warrants your urgent, top priority attention.  I believe it is imperative that all lending concerns be fully resolved by your administration's efforts to revise the draft SGEIS' fundamental shortcomings pursuant to Executive Order No. 41. 

March 24, 2011 Memorandum: Gas and Oil Leases Impact on Residential Lending

This document is a detailed, self-explanatory memorandum circulated by a Vice President for Residential Mortgage Lending at the Tompkins County Trust Company headquartered in Ithaca, NY.  It notes:

*"Gas/oil leases are generally NOT (emphasis in the original) accepted by lenders such as Wells, First Place Bank, Provident Funding, GMAC, FNCB, Fidelity, FHA, First Liberty or Bank of America.  It would be difficult, if not impossible, to the meet the 'acceptable if commonly granted' rule."

*"Surface or sub surface rights within 200 feet of a residential structure would not be acceptable for conventional financing in the Secondary market."

*"NYS title insurance gas endorsements specifically void title insurance coverage if the premises are used for any commercial venture."

*"Lenders are responsible to warrant several items to the investor in the Secondary market that can not be done leaving lenders with significant liability."

*"Surface or sub surface rights within 300 feet of a residential structure OR within 300 feet of property boundary lines would not be acceptable for FHA [Federal Housing Administration] (Department of HUD [Housing and Urban Development]) financing."

See: http://toxicstargeting.com/sites/default/files/pdfs/TTC-Gas-Res-Lend-HL.pdf

PowerPoint Presentation

These PowerPoint slides summarize a wide array of mortgage lending issues.

According to slide nine: "Legal Issues

- Executing a lease or easement may have the potential to restrict the property from being sold, building... (emphasis added)" 

According to slide 15: "- Residential Lending Issues

- Secondary Market Requirement:
- Title insurance endorsements required to affirmatively insure the lender against damage or loss due to exercise of drilling rights
- NYS title insurance comprehensive endorsement contains the following restrictions that would likely void coverage if they exist:
- No structures over 35 feet tall on premises
- No storage of any material, machinery, equipment or supplies on premises
- Premises shall not be used for any commercial purposes
- All allowed in typical gas lease - coverage likely void (emphasis added)."

See: http://toxicstargeting.com/sites/default/files/pdfs/110512_tompkins_trust0001.pdf

Conclusion

Natural gas leasing could have staggering implications for New York's lenders, homeowners and real estate investors given the potential scope of horizontal hydrofracturing in our state's Marcellus Shale formation.  Current lending policies and practices can preclude existing/potential homeowners and property investors from purchasing or selling real estate with gas leases due to the inability to obtain mortgage loans.  Even properties located near parcels with gas leases might not qualify for mortgage loans due to "secondary" market requirements.

Individuals who have signed gas leases very likely had no inkling of these onerous implications.  There has been extensive discussion of the alleged economic benefits of gas drilling in New York.  The banking documents I am providing raise profound concerns that gas leasing could impair the state's mortgage lending and real estate markets.  Even Wall Street's securitization of bundled mortgage loans could be impacted.

Nearly 5,000 elected officials, business owners, farmers, civic and environmental groups, citizens, students and religious leaders are signatories to a coalition letter requesting that you require immediate public comment regarding expanding the scope of the SGEIS to include key concerns that were excluded from the scope of the proceeding when it began more than three years ago. 

See: http://www.toxicstargeting.com/MarcellusShale/cuomo/coalition_letter

A total of 62 legislators, including Democrats and Republicans in the Assembly and State Senate, have similarly written you in that regard.  See:http://www.toxicstargeting.com/MarcellusShale/documents/letters/2011/04/13/assembly

To date, you have not provided a favorable reply to these requests. 

In the more than three years that shale gas horizontal hydrofracturing has been discussed in New York State, I had not seen a single word written about mortgage lending impacts until I read the documents I am providing for your review.  That scenario underscores why you must require immediate public comment to identify all other issues that your administration should address as the draft SGEIS is revised pursuant to Executive Order No. 41.  Please afford the public a comment period without further delay. 

Thank you for your consideration.  Please do not hesitate to contact me if you have any questions that I might be able to answer regarding my request.

Very truly yours,


Walter Hang


Legislative Letter Requesting That Governor Cuomo Expand the Scope of the SGEIS

Please ask your legislators to become signatories to Assemblywoman Barbara Lifton's letter requesting that Governor Cuomo provide an immediate public comment period about expanding the scope of the SGEIS.  This letter has 62 signatories, including Democrats and Republicans in the Assembly and State Senate.  Getting at least 100 signatories might generate a favorable reply.

Use this request letter: http://www.toxicstargeting.com/MarcellusShale/lifton_letter/request

Representative Lifton's self-explanatory letter is posted at: http://www.toxicstargeting.com/node/5826


Take Action Today!

Drum up more signatories to the Governor Cuomo coaltion letter, particularly groups and elected officials.  We are verging on 5,000 signatories.
See: http://www.toxicstargeting.com/MarcellusShale/cuomo/coalition_letter

 

[tri31]

http://thecapitolpressroom.org/does-natural-gas-leasing-hurt-property-values/ 

[tri31]

May 26 2011 There was a hearing in Albany addressing the health effects of fracking. http://gdacc.wordpress.com/2011/05/27/sandra-steingraber-assembly-testimony-52611/ 

Hear are some links, covering areas of concern to any family.

This needs to be common knowledge. Tell someone you love.

www.steingraber.com/

http://www.youtube.com/watch?v=Z2WB17KczDs&feature=related

www.endocrinedisruption.com/home.php 

Edited by tri31 - 6/14/11 at 6:16am

[Quirky]

Please come to the hearing June 1 in Deposit NY if you can! On ExxonMobile's water grab for a fracking operation that hasn't even been approved yet:

More details here:

http://www.delawareriverkeeper.org/act-now/urgent-details.aspx?Id=74

[tri31]

 Car is in the shop. I will try to get there! Thank you so much. I didn't know about this and I live in Broome! I am working on signatures!

[tri31]

http://www.pressconnects.com/article/20110601/NEWS01/106010415/Oquaga-Creek-water-withdrawal-request-draws-flood-responses?odyssey=tab|topnews|text|FRONTPAGE

Edited by tri31 - 6/2/11 at 3:34am

[tri31]

Hi everyone. This weekend in Binghamton there will be a really cool event. Sandra Steingraber will be speaking at the river walk hotel on Friday June 4th.

Binghamton Riverwalk
Hotel & Conference Center
225 Water Street
Binghamton, New York 13901
 

June 5th will be wonderful music and workshops at Recreation park

Details here

www.fingerlakescleanwaters.org/

The park is bounded by Seminary Avenue on the South, Schubert Street on the North, Beethoven Street on the West, and Laurel Avenue on the East, Recreation Park.

[tri31]

We had such a good time at the big splash . Great music and community. There will be another event in Syracuse (NY). June 12th

http://fingerlakescleanwaters.org/

[tri31]

Urgent Marcellus Shale Gas Alert (Friday June 10th)
Walter Hang writes with the utmost urgency to ask you to take immediate action to spell out how the Department of Environmental Conservation must revise its woefully inadequate draft Supplemental Generic Environmental Impact Statement (SGEIS).  That revision is required pursuant to Executive Order No. 41. 

We must deluge DEC with detailed, substantive comments during the next ten days.  Our efforts could very well determine whether Marcellus Shale horizontal hydrofracturing goes forward in New York in two years, five years or perhaps not at all.

To date, not one horizontal hydrofractured well has been drilled in New York's Marcellus Shale.  That is because a de facto Marcellus Shale horizontal hydrofracturing moratorium is in effect until a Final SGEIS is adopted. 

At a minimum, that likely will not happen for two or three more years.  At a maximum, it could be much longer.  DEC's 1992 GEIS took 12 years to complete.  The current SGEIS proceeding began in 2008.

I will be drafting detailed comments in the next few days that you can use as a guide. 

send him comments WITHIN TEN DAYS.  Please email your comments to the Commissioner at: [e-mail].  Please cc: [e-mail] so I can circulate noteworthy comments.
 

Over the last five months, we focused intense pressure on the Governor by holding rallies, gaining the support of 64 Legislators, meeting with DEC and generating massive press coverage.  This week, the Governor finally replied to our coalition letter.  Unfortunately, his polite letter does not provide a favorable reply to our requests.  See: http://www.toxicstargeting.com/sites/default/files/pdfs/CuomoReply_110602.pdf

Now we know where we stand.  Our backs are essentially against the wall with time fast running out.

Governor Cuomo's Director of State Operations just ordered Commissioner Martens to complete the revision of the draft SGEIS by July 1st.  Setting that arbitrary deadline is highly troubling because the Commissioner earlier stated that finishing the revision could take all summer.

I wrote to Commissioner Martens about providing input directly to DEC without further delay.  He did not oppose my proposed plan, so we are underway.  See: http://www.toxicstargeting.com/MarcellusShale/documents/letters/2011/06/05/martens

Submit Written Comments to DEC Within Ten Days

If we raise enough substantive concerns, there will be no way that DEC can complete its revision by the Governor's 7/1/11 deadline.  We must unleash a torrent of comments.

This strategy allows us to see if DEC responds to our written concerns.  If they are ignored in the revised draft, we can argue that DEC's efforts were obviously inadequate and require the process to be started over. 

I am pleased to provide for your use a Generic Concerned Citizen version of my letter to Commissioner Martens requesting that DEC address additional concerns as part of its revision of the draft SGEIS.

This version removes my personal references.  You can embellish it as you see fit.  You can use all or part of the letter or the data that are referenced. 

See: http://www.toxicstargeting.com/MarcellusShale/documents/letters/2011/06/16/martens-generic

 

Please email your comments to the Commissioner at: [e-mail].  Please cc: [e-mail]

DEC Commissioner Marten's Comments on How to Revise the draft SGEIS

After activists and I met with the Commissioner on 3/23/11, an Associated Press (AP) article quoted him on the record:

"'Some people say we should reopen the process. We're looking at all of that,' Martens said. 'We're trying to solicit and digest all the information we can and put it into a document that addresses all the concerns raised to date [emphasis added].  It's a really formidable task.'

Martens said New York's permitting guidelines will address problems that have been seen in other states, particularly Pennsylvania, where Marcellus Shale drilling and fracking has been blamed for contamination of water wells and rivers [emphasis added]."

See the AP article at: http://www.toxicstargeting.com/news/2011-05-23/ap-interview-ny-drilling-regs-may-take-all-summer

Key EPA and State Documents For Your Review

Please keep the Commissioner's comments in mind as you draft your input.  Please speak directly to the points he specified.

Here are some documents and data that will help you spell out your concerns.

You can refer to Toxics Targeting's original comments regarding the shortcomings of the draft SGEIS: http://www.toxicstargeting.com/MarcellusShale/dSGEIS_comments

See the coalition letter to Governor Cuomo: http://www.toxicstargeting.com/MarcellusShale/cuomo/coalition_letter

See detailed comments prepared by the U. S. Environmental Protection Agency as well as important documents about shale gas problems in other states:

http://www.toxicstargeting.com/sites/default/files/pdfs/docs_110303.pdf

http://www.toxicstargeting.com/MarcellusShale/documents/comments/2009/31/12/epa_comments

Regarding horizontal hydrofracturing hazards in Pennsylvania, please request that DEC review all 30,000 pages of documents recently released by Ian Urbina as part of his landmark Marcellus Shale gas wastewater series in The New York Times.  An immense amount of information is available at: http://topics.nytimes.com/top/news/us/series/drilling_down/index.html

Please make sure to request that DEC addresses the massive staffing problems documented in former Executive Deputy Commissioner Stewart Gruskin's historic memo that got DEC Commissioner Grannis fired.  See: http://www.toxicstargeting.com/sites/default/files/dec_dobletter_Grannis2010-HL.pdf
Contact your senator

http://www.nysenate.gov/district/52

Edited by tri31 - 6/17/11 at 3:57am

[Quirky]

From the Delaware Riverkeeper Network:

Please Call New York Legislators now to protect New York from gas drilling pollution!

There are 3 critical bills before the New York legislature that need to be pushed andpushed hard right now – this is the last week left in the legislative session and all legislation related to gas drilling and hydraulic fracturing is being blocked.  New York is being dumped on by Pennsylvania due to toxic wastes being sent here, municipalities are being challenged intheir efforts to exercise their rights and fulfill their responsibilities, and the State is on the verge of being fracked big time. Let’s unblock this stalemate to protect New York’s water and environment!

Please take a minute to make these calls now:

• A.7400 Sweeney/S.5592 Carlucci -- One Year Moratorium on Hydrofracking: The Assembly has passed this bill but the Senate needs to act or it will die.  This bill will suspend all permitting for hydraulic fracturing until June 1, 2012.
• A.7013 Sweeney/S.4616 Avella -- Classifying Fracking Waste as Hazardous: Toxic drilling wastes are being imported to New York from Pennsylvania, where they are drilling like mad and have lots to get rid of.  This bill will update current regulations so that all waste from natural gas drilling that meets the definition of hazardous waste in New York State Law will be subject to all generation, transportation, treatment, storage and disposal laws and regulations.
• A.3245 Lifton/S.3472 Oppenheimer -- Restoring Local Protections over Natural Gas Development: This bill clarifies that local governments retain the right to enact and enforce zoning laws of general applicability with respect to land use within their jurisdiction when confronted with the negative impacts from oil and gas development. The burden of oil and gas development is an unfunded mandate on upstate communities if they are not allowed to use the most basic land-use planning tools to protect unique local assets.

Thank you for taking the time to insist the NY Legislature does the right thing!

Here are the names and numbers:

Senate Majority Leader Dean Skelos: [phone]
Senator James Alesi: [phone]
Senator Hugh Farley: [phone]

Senator Kemp Hannon: [phone]

Senator William Larkin: [phone]

Senator Kenneth LaValle: [phone]

Senator Thomas Libous: [phone]

Senator Carl Marcellino: [phone]

Senator George Maziarz: [phone]

Senator Michael Nozzolio: [phone]

Senator Stephen Saland: [phone]

Senator James Seward: [phone]

[tri31]

A recent poll shows that nearly 26% of NewYorkers are not sure where they stand on gas drilling in NY state. Not surpising, our local media is not even doing a good job covering PA drilling issues.

Here is just a thimble full I easily found this week, 

http://thedailyreview.com/news/bradford-county-woman-addresses-gas-rally-1.1158805

http://thedailyreview.com/news/driver-injured-in-water-tanker-crash-is-identified-1.1161333

http://citizensvoice.com/news/protest-crashes-riverfest-1.1163924#axzz1PjCpktGx 

http://citizensvoice.com/news/6-month-investigation-finds-little-oversight-looming-problems-1.853862#axzz1PjCpktGx 

Inform yourself. No one can do that for you.

Our homes and families will be impacted. Land owner or city dweller, no matter who you are. Legislation is underway. The question is are you aware that time is so short.    

Just drilling the well lets out a pandora's box of pathagens. That's before they "frack"

http://www.youtube.com/user/ShaleShock#p/u/26/1mhDFYUQdq0

Edited by tri31 - 6/19/11 at 7:59am

[tri31]

I don't mean to have tunnel vision, this is not a local (NY) issue. Pollution for profit is living a nightmare.

Hear is some insight from TX

http://txsharon.blogspot.com/?expref=next-blog

[tri31]

NY Times emails reveal shale gas myth

http://www.nytimes.com/2011/06/26/us/26gas.html?_r=2&pagewanted=3&src=tptw 

[tri31]

So the senate didn't act on any legislation.

This means there is no moratorium, no update on waste water treatment, nothing.

The last day of June is almost here! Many events (including drilling accidents) have transpired since 2009. Current data must be included in the DEC's review.

http://www.pressconnects.com/article/20110629/VIEWPOINTS02/106290302

Please call Cuomo

http://action.foodandwaterwatch.org/p/dia/action/public/?action_KEY=7140

Edited by tri31 - 6/29/11 at 5:40am

[tri31]

Walter wrote to provide a quick update.  In less than a week, we have generated extensive press coverage of the fundamental unfairness of DEC's revised draft SGEIS and are beginning to hammer away at its massive shortcomings. 

http://www.toxicstargeting.com/news/2011-07-06/gov-may-lift-fracking-ban-0
http://www.toxicstargeting.com/news/2011-07-01/dec-charts-frackings-future
http://www.theithacajournal.com/article/20110630/NEWS01/106300407/DEC-issues-tougher-recommendations-hydrofracking?odyssey=tab|topnews|text|FRONTPAGE
http://blog.timesunion.com/capitol/archives/73452/a-m-roundup-layoffs-prisons-fracking-oh-my/

The revised draft SGEIS is dreadfully inadequate and provides less protection than PA requires for gas drilling wastewater discharged into publicly owned treatment works.  That is shockingly unacceptable.

Bright and early this morning, dozens of activists gathered in Binghamton to confront DEC Commissioner Martens as he arrived to defend his incomplete proposal.  We totally got the drop on the other side and had the venue to ourselves.  We got to ask him questions, wave pithy, eloquent signs and loudly chant "Equal Protection for All New Yorkers" as he drove by. 

Thanks to all our stalwart colleagues from Binghamton, Ithaca and around the Southern Tier, including NYRAD, Binghamton Environmental and Shaleshock.  In particular, many thanks to Karen Glauber and Elaine Perkus, who worked long into the night to enable the event to happen.  Our ability to gather intelligence, surmount logistical challenges and make the event a success with virtually zero advance notice is a testament to working wonderfully well together for nearly a year.  It was another great day at the grassroots level in this fight.  Bless you all.

See coverage at: http://www.toxicstargeting.com/news/2011-07-06/message-martens
http://www.toxicstargeting.com/news/2011-07-06/anti-drilling-protest

See photos of activists and the Commissioner speeding away in his SUV at: http://www.toxicstargeting.com/MarcellusShale/photos/martens

Speaking of excellent grassroots victories, we recently learned that Auburn, NY has stopped accepting even a single drop of gas drilling wastewater.  That is a landmark achievement that could set a critical precedent for the rest of New York. 

This campaign is another example of coachable citizen activists working hard and well together to win important victories.  With a modicum of assistance, they took full advantage of coverage in The New York Times and local outlets that Auburn was accepting more gas drilling wastewater than any other municipal plant in New York State.  They generated additional press coverage, gathered more than 1,300 signatories to a coalition letter requesting that the practice be halted and built a formidable local coalition of supporters. 

In short order, the Auburn Citizen editorialized in favor of a gas drilling wastewater moratorium, technical challenges were surmounted and nearly 200 citizens showed up for a major rally before a key City Council meeting. 

The next day, the firm dumping 87% of the gas drilling wastewater into the plant called it quits.  It was later revealed that all the other haulers had reportedly halted shipments due to regulatory shortcomings. 

Tomorrow there will be a key vote.  Get there if you can.

 

"On Thursday, July 7th at 4:30pm  at City Hall, 24 South St., Auburn, NY, Auburn City Council is going to be voting on the following resolution:

 

C. Council Resolution #94 of 2011 prohibiting the City of Auburn from accepting natural gas drilling water at the Wastewater Treatment Plant."

Thank you Terry ([e-mail]) and Beth Beer Cuddy and all your colleagues at the Cayuga Anti-fracking Alliance (CAFA) for your efforts.  Thanks very much to everyone who showed up at the rally.  That was a stellar day.

See the progression of this campaign:

See 6/18/11 at: http://auburnpub.com/news/opinion/blogs/24south/

http://auburnpub.com/news/local/article_1724031c-8746-11e0-b663-001cc4c002e0.html
 

http://www.syracuse.com/news/index.ssf/2011/05/auburn_group_hopes_protest_swa.html

http://auburnpub.com/news/opinion/editorial/article_06d968b0-89a5-11e0-a1eb-001cc4c03286.html

In conclusion, we likely have three months to kill the revised draft SGEIS by sending it back to the drawing board.  Otherwise, it could get adopted as a Final SGEIS and New York's de facto Marcellus Shale horizontal hydrofracturing moratorium could be lifted. 

I implore you not to waste a moment of precious time or we might all regret it. 

I hope to have an analysis for your review shortly.

Best,

Walter


Call Governor Cuomo ASAP at 518-474-8390.

Email the Governor at http://www.governor.ny.gov/contact/GovernorContactForm.php

A. Demand Equal Environmental Protection for All New Yorkers From Marcellus Shale Horizontal Hydrofracturing. 

B. If Marcellus Shale Hydrofracturing cannot be done safely in New York City and Syracuse watersheds, state lands and over primary aquifers, it obviously cannot be done safely anywhere in New York. 

C. Send the draft SGEIS back to the drawing board for yet another do-over.

Edited by tri31 - 7/7/11 at 3:29am

[tri31]

Quirky? Do you know about base line water testing? I/we can't defend our water (our birthright) without one.

My local health dept has this list posted

http://www.gobroomecounty.com/eh/water-testing-laboratories 

Do these entities test for both the naturally occuring pathogens (that drilling opens a pathway for) and the industrial hazards released by fracking?

I am at home with four kids, thank you .

Like most of us, we can't piss away a dime. Any thoughts on where to get our testing done? 

[tri31]

Tell the dept of energy to stop pushing the oil and gas agenda on fracking. Demand an equal voice, the lobbies for these industries are outspending environmental groups 4-1. 

http://action.foodandwaterwatch.org/p/salsa/web/tellafriend/public/?tell_a_friend_KEY=9248