Conservation and Legislation 2012

This year's contents: January February
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February 2012

Successes! —

Two recent pronouncements by the Obama administration mark significant victories for the environment. In early January, Interior Secretary Ken Salazar finalized plans to protect one million acres surrounding the Grand Canyon from new uranium mining for the next 20 years. Corporate mining interests have been staking out thousands of new mining claims and working to re-open old mines near the Grand Canyon. The damage from uranium mining not only threatened this iconic natural feature, but also the drinking water of 26 million people from radiation and toxic waste.

Also in January, President Obama announced that the controversial Keystone XL oil pipeline through the country’s heartland would not be approved as planned. This 1700 mile pipe would transport oil produced from tar sands in western Canada to refineries on the Texas coast. It would have passed over the huge Ogallala aquifer and crossed the Missouri and Arkansas Rivers, posing dangers to sensitive environmental areas.

Production of the oil is perhaps more problematic than the pipeline itself. Tar sands are far and away the dirtiest form of all fuels. It demands enormous amounts of energy and water to simply extract and then process into crude that can move through a pipeline. It has a 20-percent larger carbon footprint than conventional crude oil — and it leaves toxic wastelands wherever the sands are removed. Last year 86 environmental groups sent a letter calling on the Obama Administration to reject the pipeline proposal.

At the end of 2011, Congress added an unrelated provision to a payroll tax agreement that forced the President to make a decision on the pipeline before this year’s elections. To his credit, Mr. Obama did the right thing.

This battle is likely not over, however. The oil industry can reapply to build the pipeline on a less environmentally threatening route, but the climate change and pollution dangers from tar sand oil production remain. This will no doubt be a campaign issue this November.

What you can do —

Thank President Obama for his actions to protect the environment in these matters. His record has been far from perfect, but these were courageous decisions. President Barack Obama, The White House, Washington, DC 20500.

Hydrofracking—comment period ends —

Thanks to all who contacted the NY State Department of Environmental Conservation regarding their draft impact statement and regulations for hydrofracking. The agency received 40,000 comments, and reports indicate that most opposed or found problems with this method of natural gas production.

DEC will now weigh the comments and finalize their rules. At worst, this will likely delay drilling until next year, and at best will result in Governor Cuomo deciding to not proceed with hydrofracking.

What you can do —

Continue to keep pressure on the governor and state legislators with letters and emails asking them to oppose hydrofracking. They are likely to defer to DEC until the review is completed, but they need to know that this issue is not going away.

Also attend your local town board meetings to ensure they consider local bans on hydrofracking. A number of municipalities have already done this, while others are sitting on the sidelines to see the outcome of legal challenges. This is the closest form of government to the people — and the most responsive.

January 2012

Threat to clean air and National Park —

One of the best trips I have ever taken was a tour of the National Parks in Utah and Arizona. The grandeur of places such as Zion, Arches, Grand Canyon and others is stunning. Those who had the foresight to set aside these wonders are true American heroes.

Unfortunately, although the parks are protected, development can and does occur right up to their borders, and as the world’s energy appetite grows, these pressures grow. Earlier this year, environmentalists turned back an attempt to mine uranium in the Grand Canyon!

Now the target is Bryce Canyon National Park in Utah. I remember this place as a unique, secluded park with expansive views, clear air and dramatic landscapes. However, the Bureau of Land Management is proposing to allow a massive 3,500-acre strip coal mine right next to the park that would operate 24 hours a day, polluting Bryce’s air, water and quiet seclusion.

The Alton Coal Project would produce two million tons of dirty coal — a major source of greenhouse gas emissions. Just last month, experts said greenhouse gases are now growing faster than previously anticipated worst case scenarios. How can we allow a scheme that will damage a national treasure and at the same time worsen climate change that threatens our entire society and environment?

What you can do —

Please consider submitting comments to the BLM by the deadline of January 6, 2012. Let the agency know that the dangers to Bryce Canyon are too severe to permit this coal mine on public lands. Comments should be sent to: Attention: Keith Rigtrup; Bureau of Land Management, Kanab Field Office, 319 North 100 East, Kanab, UT 84741; or via email.

Hydrofracking — comment period extended —

At nearly the last minute, the NY State Department of Environmental Conservation added a month to the comment period for the pending impact statement and regulations on hydrofracked gas drilling in NY State. The deadline is now January 11, 2012. If you have not yet done so, please let DEC know that this industrial activity should not be allowed to alter the land, water and air of our state.

As noted in last month’s Kingfisher, there is strong evidence that even with the strictest rules, hydrofracking poses significant dangers to ground water, including drinking water supplies, and also to surface waters used as withdrawal sites for the immense quantities of fresh water required for this activity. In addition, the regulations allow open pit storage of drilling wastes and flowback fluids, posing a threat to birds and other wildlife. Drilling wastes and other materials can be disposed of on site under DEC’s regulations. There are no extra safeguards for proper handling and disposal of radioactive wastes that are commonly found at drill sites.

The regulations gloss over the threats to habitat from disturbance and fragmentation. DEC says it will require additional review in very limited areas — carried out by the drillers — and that "mitigation" will be permitted for damage to habitat.

The rules continue to allow drilling companies to hide the chemicals used in fracking fluids from the public. The known chemicals include carcinogens, diesel fuel and other toxic materials.

There is no discussion or consideration of the long-term effects of leaving fractured geologic strata contaminated with fracking fluids and solids to keep the fractures open. These will remain for millennia — threatening future generations for short-term energy gains.

What you can do —

Get your comments to DEC before January 11. (A link to all the documents is here.) Even a one-page list of your concerns can be effective. DOAS’s position is that this activity is fundamentally unsafe and environmentally unacceptable, regardless of regulations. You may want to take the same tack.

Some additional points to make:

• Wildlife is still at risk under the proposed regulations. There should be a clear ban on open storage of any wastes resulting from drilling and fracking — no exceptions. Also, a site specific assessment of the habitat impacts of every drilling location should be carried out by independent agents.
• Drillers should not be permitted to take water from water bodies within the Marcellus and Utica shale areas. This area will be overburdened by withdrawals from the large scale operations.
• The prohibited distance for drilling should be increased to one mile from water bodies, aquifers, public water supplies, and existing water wells and springs in order to protect these waters and public health.
• There should be full disclosure to the public of all chemicals used in drilling and fracking prior to approval of a well.
• The environmental impact statement should consider the long-term ramifications of fractured geology and chemicals and other materials left underground.

Federal Addresses:

President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Phone: (202) 456-1111

U.S. Senators

Senator Charles Schumer
322 Hart Senate Office Building
Washington, DC 20510
Phone: (202) 224-6542

Senator Kirsten Gillibrand
478 Russell
Washington, DC 20510
Phone: (202) 224-4451

U.S. Representatives

20th Congressional District (includes Otsego County towns of Cherry Valley, Roseboom, Decatur, Worcester, Maryland, Westford, Milford, and Middlefield, and all of Delaware County except towns of Deposit, Hancock and Tompkins)
Rep. Chris Gibson
502 Cannon HOB
Washington, DC 20515
Phone: (202) 225-5614

21st Congressional District (includes all of Schoharie County)
Rep. Paul Tonko
422 Cannon HOB
Washington, DC 20515
Phone: (202) 225-5076

22nd Congressional District (includes Delaware County Towns of Deposit, Hancock and Tompkins)
Rep. Maurice Hinchey
2431 Rayburn HOB
Washington, DC 20515
Phone: (202) 225-6335

24th Congressional District (includes Otsego County towns of Springfield, Otsego, Hartwick, Laurens, Oneonta (including City of Oneonta) and west, and all of Chenango County)
Rep. Richard Hanna
319 Cannon HOB
Washington, DC 20515
Phone: (202) 225-3665

New York State Addresses:

Governor Andrew M. Cuomo
NYS State Capitol Building
Albany, NY 12224
(518) 474-8390

State Senators

51st Senate District (includes Otsego and Schoharie Counties)
Senator James L. Seward
188 State Street Room 711B, Legislative Office Building
Albany, NY 12247
Phone: (518) 455-3131

42nd Senate District (includes Delaware County)
Senator John J. Bonacic
188 State Street Room 508, Legislative Office Building
Albany, NY 12247
Phone: (518) 455-3181

State Assemblymembers

107th Assembly District (includes all of Delaware County except the Towns of Davenport, Franklin, Harpersfield and Sidney, and the Chenango County Towns of Coventry, Greene, Guilford, New Berlin, Norwich, Oxford and Smithville)
Assemblyman Clifford W. Crouch
LOB 450
Albany, NY 12248
Phone: (518) 455-5741

111th Assembly District (includes Otsego County Towns of Burlington, Edmeston, Exeter, Hartwick, Laurens, Middlefield, Milford, New Lisbon, Oneonta, Otsego, Pittsfield, Plainfield and Richfield and the City of Oneonta)
Assemblyman William Magee
LOB 828
Albany, NY 12248
Phone: (518) 455-4807

117th Assembly District (includes Otsego County Towns of Cherry Valley, Decatur, Maryland, Roseboom, Springfield, Westford and Worcester)
Assemblyman Marc W. Butler
LOB 318
Albany, NY 12248
Phone: (518) 455-5393

127th Assembly District (includes Otsego County Towns of Butternuts, Morris, Otego and Unadilla, Delaware Co. Towns of Davenport, Franklin, Harpersfield and Sidney, Chenango County Towns of Afton and Bainbridge and all of Schoharie County)
Assemblyman Peter D. Lopez
LOB 429
Albany, NY 12248
Phone: (518) 455-5363