Jun 14

#StopTheTPP #NoFastTrack – Fight Against Secret Trade Deal Not Over Yet

Not Over Yet, Some Tough Votes Ahead on Fast Track

Above: For most of this week, Popular Resistance organized a Rigged Trade Rebellion outside of Congress to stop Fast Track. The photo above is on June 12, 2015 as President Obama drove into the Capitol driveway. Source NY Times.
Click on image to see video by Thomas Hedges of the Real News capturing immediate reaction to vote.
While we all cheered the failure to pass Trade Adjustment Assistance(TAA) in the hope that its defeat would stop Fast Track, the House quicklyvoted to pass Fast Track Trade Promotion Authority (TPA) with 219 votes (218 is a majority but there were some abstentions). This situation means that the House and Senate have not passed identical versions of Fast Track (because the Senate version includes TAA) so Fast Track cannot go to the President’s desk yet to be signed into law. There are several possible scenarios ahead that leave the outcome of the fight against Fast Track uncertain.
While much of the media described today’s votes as a complete victory for those who oppose Fast Track and the Obama trade agenda, the fact is that we have some difficult challenges ahead. We won an important battle, and it was a tremendous victory especially when it is considered that President Obama did all he could including a special trip to the Congress for a private meeting with the Democratic leadership and the entire Democratic Caucus.
President Obama, with House Democratic leader Nancy Pelosi walks from a meeting room after making a last-ditch appeal to House Democrats to support a package of trade bills. Obama made this desperate visit to the Capitol because of widespread opposition to fast track. REUTERS/Kevin Lamarque
But, it is not over. Speaker Boehner called for reconsideration of TAA and a re-vote is supposed to happen within two legislative days so there may be another vote as early as Monday afternoon.  We need to hold the line on TAA to prevent any form of TAA from passing the House and prepare for a vote in the Senate if a new form of TAA passes or if the TPA bill passed in the House goes back to the Senate without TAA.
Possibilities in the House
Since we won by a large majority on TAA in the House with a vote tally of 302 to 126 (76 vote difference), it is unlikely (but not impossible) that the current form of TAA would pass in a re-vote. No doubt this weekend President Obama is working over time to convince Democrats to change their vote and Majority Leader Boehner is looking for Republicans willing to go against their views and vote for TAA. One Member told us after today’s vote that it is now a game of numbers. Politico does the numbers:

“House Republican leaders say they have 100 votes for TAA, and Democrats would need to provide 118 if another vote happens. On Friday, Democrats provided 40 votes for TAA, while 86 Republicans supported it. In other words, Democrats would need to essentially triple their vote total to pass the measure.”

If increased Democratic support cannot be achieved, passage would very likely require a mixture of Republicans voting for TAA in order to pass Fast Track and Democrats changing their position because they do not want to embarrass the president. Today, many of the “no” votes came after TAA failed to get a majority and everybody knew it would fail so they voted “no” or switched their vote to “no”. How firm are the votes of those who joined in after it had already failed? If the current TAA is not amended and it passes in the re-vote, there would be no need for any further action in the Senate and Fast Track would become law.
If the re-vote fails, a second possibility is for TAA to be re-written and voted on as a new bill in order to gain majority support. There were three problems with the current form of TAA: (1) Funding TAA by Medicare cuts; (2) Too small a budget; and (3) Failure to cover all workers, especially public workers.
The Medicare cuts were most significant in that almost no Democrat wants to be on record voting against Medicare.  Prior
Emilianne Slaydon and Kevin Zeese greeted Members of Congress as they entered the Capitol before the vote. Photo by Margaret Flowers.
to the vote, leadership of both parties came up with an alternative source of revenue (tax enforcement revenue). If this were written into a new TAA, the Medicare problem could be solved.  It is not clear how real these tax enforcement dollars are so House leadership could also expand the budget for TAA and solve the budget problem as well. These two changes alone might be enough to gain a lot of Democratic votes.  These changes would probably not lose a lot of Republican votes; in fact Republican leadership still might be able to convince a group of Republicans to vote for TAA in order to get Fast Track passed.
The third problem is a significant one especially since under the Trade In Services Agreement (TISA) public workers will be threatened. For example TISA could result in privatizing the US Postal Service which is the nation’s second-largest civilian employer after Wal-Mart with about 536,000 career workers. Adding public workers to TAA would require additional funding since more workers would be covered and this might be unpopular with Republicans.
Kelsey Erickson,  Lee Stewart and MacKenzie MacDonald were among those who greeted Members as they went to vote. By Margaret Flowers.
If TAA is amended and passed in the House, the Senate would have to vote again – the House bill could either go to the Senate and be voted on as an original bill; or it could go to a conference committee where differences would be ironed out and then both chambers (House and Senate) would have to hold a re-vote.
We want our allies in the House to vote “no” on TAA no matter what kind of amendments are made to the bill. Now that TPA has passed, stopping TAA is critical for stopping Fast Track. The House TPA (Fast Track) without TAA would be much more difficult to pass in the Senate.  Our goal in the House is for TAA bill to be defeated.
The Senate
Rigged Trade Rebellion 6-11-15 team with New Yorkers
When TPA came before the Senate, it was bundled together as one bill with TAA. It took a 62-38 vote to end debate on the bill and allow it to move forward.  Other than Senators Collins (R-ME), Lee (R-UT), Paul (R-KY), Sessions (R-AL), Shelby (R-AL) and Enzi (R-WY) (who did not vote), all Republicans voted for the bill. In order to stop TPA in the Senate on a re-vote, three additional votes would be needed to prevent the new bill from reaching 60 votes and passing.
One possible scenario is that the House fails to pass TAA and sends a TPA bill to the Senate without TAA. This would be the most likely scenario that would lead to failure in the Senate. There were many Senators who insisted on TAA being included, indeed, some wanted a larger TAA.
Zach Carter of Huffington Post compiled comments of senators who said they would not vote for Fast Track without TPA. They include Ron Wyden (D-OR),  Maria Cantwell (D-WA), Patty Murray (D-WA), Ben Cardin (D-MD), Claire McCaskill (D-MO), Chris Coons (D-DE) and Diane Feinstein (D-CA).  There may be additional senators who hold this view but did not speak publicly about the issue.
In addition, Senator Maria Cantwell (D-WA) was promised that the Export – Import Bank would be renewed in order to get her vote, that promise was not fulfilled so she is a possible “no” vote if this returns to the Senate.
Throughout the week as vote changed the list of where Members stood was updated. Some elected officials or their staff came out to see if they were listed in the right category, constituents checked their representatives views and contacted them from the vigil.
The other possibility is that the House passes TAA in its present form or a new version. This would make it very difficult to stop TPA in the Senate. Other than Cantwell, it is hard to see who would change their vote. Senator Lindsay Graham (R-SC) had insisted that currency manipulation be included in the TPA. It wasn’t but he voted for the TPA anyway. Perhaps now that he is running for president, he might vote against TPA.
Our Task
The immediate task is to pressure Members of the House of Representatives to oppose any form of TAA.
Once again the Congress needs to be flooded with phone calls from across the political spectrum. The populist rebellion that has been taking place, especially during the last week, needs to continue so that Members of Congress know that they are risking their future election if TPA becomes law and rigged corporate trade agreements are given an easy path to becoming law.
It is also important to remind Members while they are home this weekend that you want them to vote “no” on TAA. Here is a link to a list of those Members who voted “no” (with their phone numbers and twitter handles) .Thank your Member if she or he voted “no” and tell her or him to stay strong and not to compromise. Perhaps there will be an opportunity to reach her or him at a public event this weekend.
George and Jane Pauk with Reps. Pocan and Gallego at the Rigged Trade Rebellion.
The Popular Resistance Rapid Response Team will return to Capitol Hill on Monday to continue the Rigged Trade Rebellion. If you are able to make it to DC, we encourage you to come. This is a critical time to make the opposition to Fast Track highly visible. We have been staying at the corner of Independence Ave and New Jersey Ave SE so that we can speak to Members as they walk back and forth between their offices and the Capitol for votes.
One staffer mentioned to us that Members sometimes decide how they will vote just minutes beforehand. It could be that seeing your sign or speaking with you just prior to a vote could make a difference in what they do.
We still have the possibility of stopping Fast Track. Let’s put it over the edge in the next few weeks. You can follow the work to stop Fast Track at www.FlushtheTPP.org. And contact Mackenzie@PopularResistance.org if you have questions or are planning to come to DC.

Jun 09

Vigil for A Clean and Safe Energy Future – NYS Capitol Bldg – Albany, NY 6/15/15

Please join us in Albany, NY at the close of the legislative session for a Peaceful Vigil for A Clean and Safe Energy Future

Monday 6/15/15 Noon to 6:00 PM

WHY – To call on Governor Cuomo and the NYS Legislature to take real Climate Action now, Shut Down Fossil Fuels and Nuclear Power and produce an Energy Plan that gives us 100% Clean Renewable Community Owned Power.

Stop Bakken Oil Bomb Trains, Stop Proposed Fracked Gas Pipelines, Stop Proposed LNG Storage and Export Facilities and Shut Down Indian Point while we phase out fossil fuels and nuclear power and shift to 100% clean renewable energy.

Stop The Constitution Pipeline, Stop The Dominion New Market, Stop The NorthEast Energy Direct(NED), Stop The Pilgrim Pipeline, Stop Spectra/Algonquin Pipeline Extension, Stop Port Ambrose LNG Export, Stop Seneca Lake LNG & LPG Storage. Shut Down the MiniSink Compressor Station. Stop All New Fossil Fuel Infrastructure.

WHERE: On the steps of the State Street entrance to the New York State Capitol Building – Albany, NY

WHO: Concerned citizens



Come to the vigil
Bring your voice, a sign, a piece of poetry, speech, art, theater, or music, and your heart and good mind!
Call your State Legislators and Governor Cuomo
Send a letter to an Editor
Tell your family, friends and co-workers
Share on social media


JOIN Frack Free Nation Facebook Group

CONTACT: If you have questions, you can contact:

Chris – chysalis12481@gmail.com
Bram – abram@frackfreenation.org 607 345-4865
Gabrielle – youareom@gmail.com  203-391-8952


While we are grateful that Governor Cuomo has guided New York to be a place where the health of all families is given priority and science guides policy on fracking, we remain deeply concerned about our communities’ exposure to crude oil and fracked natural gas infrastructure.

Pipelines are prone to spills and explosions. Many existing pipelines are aging and in decay making them more vulnerable. Currently, there are at least four major pipeline projects being proposed for our state, and others pending construction. We still have a chance to stop these projects: the Constitution, Dominion New Market, Northeast Energy Direct, the Pilgrim, and the Algonquin Pipeline Extension Project.

These pipelines would lock us into a fossil fuel economy falsely purported for our energy use, when in reality the plan is to connect them to Export LNG Terminals throughout our nation. One such terminal proposed for Long Beach, New York is Port Ambrose.

Pipelines require compressor stations that not only pollute the air, but are also linked to severe health impacts for those exposed, and whose noise reduces the quality of life for the communities where they’re placed. In addition to severe health impacts, these pipelines promise erosion of our places of natural beauty, and will impact tourism, commuting and quality of life.

Explosive fracked crude oil from the Bakken Shale in North Dakota is shipped by rail all over the country and throughout New York. Derailments result in devastating explosions, and have earned the nickname “bomb trains” by rail workers. Six million gallons of this hazardous material travels by river barge and rail down the Hudson River daily placing one of our greatest natural resources at risk. Climate disruption adds to the argument against further development of fossil fuel infrastructure.

For all these reasons, we’re alerting the public where we feel our mainstream media has failed, and creating an opportunity to urge our Public Officials to continue their efforts to protect the public health and take a stand for the future of all New Yorkers.

NY State needs a renewable future. We want to build and call that future NOW.

We seek massive investment and development of solar, wind and renewable energy with sustainable outcomes. Setting piecemeal benchmarks is entirely insufficient to meet the development, jobs and climate crisis we face.

We need a real Climate Action Plan in NY that addresses our part in the global climate justice issue.

We need an Energy Plan that addresses Climate by shutting down fossil fuel and nuclear power and shifting us to 100% clean renewable community owned power.

We need to shut down Indian Point Nuclear Power Plant.

We need a renewable wind farm instead of Port Ambrose LNG Export.

We need a healthy future for today and the next seven generations.

Please join us in Albany at the close of this legislative session for a Peaceful Vigil for A Clean and Safe Energy Future – 6/15/15 Noon to 6:00 PM.

Jun 03

#FlushTheTPP #StopFastTrack National Call-in Day – 6/3/15


Wednesday, June 3rd

National Call-in Day to Stop Fast Track for TPP, TTIP, & TISA

Say No to Corporate Power Grabs Disguised as Trade Deals!

Stop the Fast Track to Corporate Rule!

Congress is pushing legislation right now that would “Fast Track” the Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership, and the Trade In Services Agreement — secretive international deals negotiated behind closed doors by government bureaucrats with inside track access for over 500 corporate “advisers”. These agreements threatens everything we care about: democracy, jobs, wages and labor rights, the environment, consumer protection laws, financial industry legislation, access to affordable medicines, family farmers, animal protection laws, internet freedom, and more!

How Fast Track Helps Implement Bad Trade Deals by Public Citizen’s Global Trade Watch

Under the U.S. Constitution, Congress writes the laws and sets trade policy. And so it was for 200 years. President Nixon seized both of those powers through a mechanism known as Fast Track – a legislative luge run used to skid through harmful “trade” deals. Candidate Obama said he would “replace Fast Track … I will ensure that Congress plays a strong and informed role in our international economic policy and in any future agreements we pursue…” Instead, now he is asking Congress to revive Nixon’s old Fast Track process.

Of the 500+ U.S. trade agreements enacted since 1974 when Fast Track was hatched, Fast Track was only used for 16 of them, showing that Fast Track is not needed to pass trade deals. Rather, Fast Track has been used to ram through Congress sweeping pacts such as the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO). These deals, like TPP, extend far beyond traditional trade business (like tariff-cutting) to impose retrograde constraints on our domestic financial, energy, medicine-patent, food safety, immigration, procurement and other policies. TPP would even limit internet freedom.

Fast Track hands the executive branch five key congressional powers – steamrolling key checks and balances in the Constitution by seizing authority vested in our congressional representatives:

o Power to select trade partners,

o Power to set terms and sign sweeping “trade” agreements before Congress votes on them,

o Power to write legislation to change all U.S. laws needed to conform with the agreements, skirt congressional review and amendments and directly submit this legislation for a vote,

o Power to force votes within 60-90 days of submitting the implementing legislation to Congress,

o Power to override normal voting rules. All amendments on Fast-Tracked FTAs are banned and debate is limited, including in the Senate.

Last week, the Senate passed Fast Track. The Senate Fast Track bill contained an amendment that which would prohibit Fast Track from being applied to trade agreements with countries that are failing to address the human trafficking – including TPP member nation Malaysia. Outrageously, House Ways and Means Chair Paul Ryan and President Obama want to remove this human rights defending language from the House version of the bill!


* Call your Representative and urge her to publicly commit to opposing Fast Track (also called Trade Promotion Authority). Let her know that no amendments or side deals will make Fast Track legislation acceptable. Tell her Congress should maintain its power to carefully review deals like TPP, TTIP, and TISA on its own timeline and when necessary, amend them. Also urge your Representative to oppose efforts to remove the human trafficking amendment from the bill. You can find your Representative’s name and phine number at http://clicktocallcongress.org or by calling (718) 218-4523.

* Contact TradeJustice New York Metro to find out how you can volunteer to stop Fast Track and to be connected with efforts to influence your Representative to oppose Fast Track, even if you live outside the NY metro region.

Phone: (718) 218-4523 * Email: info@tradejustice.net * Web: http://tradejustice.net
Twitter: https://twitter.com/OWSTradeJustice * Donate: http://tradejustice.net/donate
  Facebook Page: http://tradejustice.net/fbp * Facebook Group: http://tradejustice.net/fbg
  Email Lists: http://tradejustice.net/elists * E-Petition: https://www.causes.com/stoptpp

May 29

Demand A Shift NY! – 2nd Conference Call – Direct Action Planning 8 pm 6/3/15 #FrackFreeNation

Frack Free Nation will host our second conference call to discuss plans for direct action coming soon to Albany, NY Some of our members feel strongly that we should plan a smaller action as early as June 10 – 12, before the end of the legislative session. We are also discussing a larger action as part of Flood The System coming Sept. 1.

If you cannot be part of this phone call but wish to be involved in the action please email abram@frackfreenation.org and remember to sign the pledge of peaceful action..

The premise of our action is to demand a plan to address climate change, shut down fossil fuel infrastructure, and shift to 100% renewable energy.

Governor Cuomo needs to produce an energy plan that meets the EPA’s carbon limits.

If you are working to stop bomb trains, pipelines, LNG infrastructure, tar sands, biomass incineration, and nuclear power, we invite you to get on this call and add your voice and ideas to formulating our action.

8 pm Wednesday June 3rd 2015

CALL 1-302-202-1118

ENTER CODE – 221067







Sign The Pledge of Peaceful Direct Action




Frack Free Nation’s Letter to Governor Cuomo



May 22

Demand A Plan – Conference Call – Direct Action Planning – 8 p.m. – 5/25/15

Frack Free Nation will host a conference call to discuss plans for direct action coming soon to Albany, NY.

The premise of our action is to demand a plan to address climate change, shut down fossil fuel infrastructure, and shift to 100% renewable energy.

Governor Cuomo needs to produce an energy plan that meets the EPA’s carbon limits.

If you are working to stop bomb trains, pipelines, LNG infrastructure, tar sands, biomass incineration, and nuclear power, we invite you to get on this call and add your voice and ideas to formulating our action.

8 pm Monday, 5/25/15

CALL 1-302-202-1118  ENTER CODE – 221067




Sign The Pledge of Peaceful Direct Action

Frack Free Nation’s Letter to Governor Cuomo

May 20

“Horror Stories From Frackland” – Video Series Part 1

“Horror Stories From Frackland”  – Featuring two men who have been exposed to toxic chemical contamination. One (Randy) was dosed while working on a frack pad drilling site, the other (Joseph) was poisoned because he lives within a mile of a gigantic gas precessing plant and has gas wells 400 ft from his home.
Randy and Joseph are in need of some help. They are to sick to work, in constant pain and totally alone..Left behind in the wake of the drilling madness in PA.
Unfortunately stories like this are common everywhere the gassers go.    

May 18

Conference Call – 8 pm Wed. 5/20/15 – Bylaws – Moving Forward – Actions

In our first conference call since the rally on earth day , we will have an open discussion among all grassroots participants in order to move forward with our mission.

Agenda in brief… please add more discussion items to the event room…along with questions.

  1. Discussion of ideas for bylaws and governing body.

  2. Moving forward with demanding the shift.

  3. Ideas for action.

  4. Direct Action in Albany

    CALL 1-302-202-1118

ENTER CODE – 221067

We will schedule a second call… before any direct action is taken or bylaws are voted upon… We understand that this is short notice and that there are those of you who might not be able to be present on Wednesday.




May 14



1. If The NY DEC issues a Final SGEIS that allows future HVHF – Fracking, and/or

2. If Governor Cuomo is unwilling to meet with Frack Free Nation regarding putting forth an energy plan that shuts down new fracking infrastructure (methane gas pipelines, LNG storage, export, and gas fired electrical generation) Pipelines & Bomb Trains carrying Bakken Shale Oil & Tarsands OIL, and nuclear power, while putting forth a massive green jobs program with just transition to 100% Clean Renewable Community Owned Power, then we must be ready to act!

3. I agree to be part of a peaceful direct action(NVDA) and possibly risk arrest.

4. The common charge for an arrestable action of this type is a violation(equivalent to a traffic ticket). This could result in a fine, but commonly results in a dismissal after a court appearance and 6 months of good behavior.


Invite others using our Facebook Event Page<<<<



May 13

NY SGEIS on Fracking – Keep Calling Governor Cuomo – Action Required!

Frack Free Nation trusts Toxics Targeting’s  Walter Hang’s analysis of the SGEIS and the current situation on fracking in NYS.    It has been our position that a ban is not a ban until we see it in writing, and it effectively becomes law.  Please keep calling Governor Cuomo and tell him, “We need a complete and permanent BAN on fracking.”

Dear Fellow Fractivists,

The ten-day review and comment period for the Final SGEIS ends tomorrow, Saturday May 23, 2015.  There is no requirement for the Department of Environmental Conservation (DEC) to revise its Final SGEIS before issuing a Findings Statement and rendering a final decision to conclude its proceeding.

I invite you to read my extensive comments on the Final SGEIS.  It is so woefully inadequate and fatally flawed that it must never be used to permit shale fracking anywhere in New York.

This detailed analysis will take your breath away because it reveals exactly how DEC proposes to regulate shale fracking if it is authorized.

See: http://toxicstargeting.com/MarcellusShale/documents/2010-05-22/walter-hang-comments-final-sgeis

Until the Findings Statement is issued, which could be in days, weeks or who knows when, we will not know which action alternative DEC chose or how the agency proposes to resolve the SGEIS proceeding once and for all.

Please keep pushing hard for a favorable outcome in the public interest.  Keep Calling Governor Cuomo at 518 474 8390 until the Findings Statement is issued.

You will hear a recording. Press 2 to leave a message or press 3 to speak with a live person. Either option is fine.

State very respectfully that you request DEC’s Findings Statement to implement:

A. the No – Action Alternative in the Final SGEIS: “The denial of permits to develop the Marcellus Shale and other low-permeability gas reservoirs by horizontal drilling and high-volume hydraulic fracturing.”  This is what we want.

B. the Department of Health’s key policy recommendation:

“Until the science provides sufficient information to determine the level of risk to public health from HVHF [high-volume hydraulic fracturing] to all New Yorkers and whether the risks can be adequately managed, DOH recommends that HVHF should not proceed in NYS.”

C. a requirement that DEC’s final decision in this matter cannot be revisited without conducting a new Environmental Impact Assessment pursuant to the State Environmental Quality Review Act.

Please thank Governor Cuomo for his public service under trying circumstances.

No one should count proverbial chickens before they hatch.  We will not know which alternative action will be implemented until the Findings Statement is released.  Unless the no-action alternative is chosen and backed up very strongly in the Findings Statement, we could be in dire straits to say the least.  The devil will be in the details.

Groups which were so quick to declare that shale fracking had been BANNED on December 17, 2014 have now publicly admitted that any fracking prohibition will not be permanent.  New York has had a shale fracking ban since 2008; it is just temporary.  That is the definition of a moratorium.

DEC Commissioner Martens testified that any shale fracking prohibition decision could be “revisited at any time when new or significant information comes to light.”  We are taking action to make sure that cannot happen without another huge fight.

Groups noted that when asked about revisiting his decision, Governor Cuomo said “I would never.”  Never what, eh?  Andrew Cuomo also never uttered the word, “ban” on 12/17/14.

Groups also declared that Governor Cuomo made his fracking prohibition decision due to irrefutable good science.   If their thesis is correct, those same groups should prevail in their efforts to halt shale fracking in other states as well as block proposed gas storage and infrastructure projects.  I wish them all the very best.  We will see what happens.

In reality, the DOH Public Health Review determined: Based on this review, it is apparent that the science surrounding HVHF activity is limited, only just beginning to emerge, and largely suggests only hypotheses (emphasis added) about potential public health impacts that need further evaluation.”

That is why my view is that we got this far by organizing a highly formidable campaign involving closely coordinated research, advocacy, media and coalition building.  Our efforts ultimately proved so politically powerful that we played a key role in reversing DEC’s 2011 assertion that shale fracking could be done safely.

Our laser-focused strategy was instrumental in preventing adoption of a Final SGEIS for nearly seven years.  We also killed the DOH “review” and required a comprehensive Public Health Impact Study to be conducted.  Step by step, we battled our way to where we are today.

We might very well gain a favorable outcome in the Findings Statement, but I assure you that pro-fracking forces are already gearing up to fight back.  If we do not continue our hard work, we could lose everything we gained.

With that goal in mind, please contribute generously to keep our amazing campaign going.  Toxics Targeting’s shale fracking work cannot be done without your strong support: http://toxicstargeting.com/MarcellusShale/donate

Finally, please sign our latest coalition letter and check out the astounding array of more than 1,400 signatories, including, but not limited to: powerful legislators, physicians, trade unionists, teachers, farmers, academics, local officials, health care professionals, religious leaders, business owners and local activists of every stripe working hard each and every day to protect their communities.

See: http://www.toxicstargeting.com/MarcellusShale/letters/2015/5/15/coalition-letter-cuomo-final-sgeis-findings-statement-requests

I commend each and every person who helped with this fight.  We fought well, but we were exceedingly fortunate to find so many true friends and allies.  That is why we deserve a party where everyone involved is welcome.

Thank you all so much for your help.  Keep your fingers crossed.  Keep slugging.  We must never rest on our laurels.

Pro-frackers have not given up in any way: http://toxicstargeting.com/MarcellusShale/news/2015-05-14/ny-shale-dev-backers-not-out

All my very best regards and warmest wishes for our continued success in safeguarding New York from shale fracking.

Onward and upward.  Confusion to the enemy.


The Final Supplemental Generic Environmental Impact Statement (SGEIS) just released today (5-13-15) by the New York State Department of Environmental Conservation does NOT necessarily prohibit shale fracking in New York State.

Frack Free Nation trusts Toxics Targeting Walter Hang’s analysis of the SGEIS and the current situation on fracking in NYS.  He is not known to play politics, and tells it how it is.  It has been our position that a ban is not a ban until we see it in writing, and it effectively becomes law.  Please keep calling Governor Cuomo and tell him, “We need a complete and permanent BAN on fracking.”

Breaking News: Final SGEIS does NOT Necessarily Prohibit Marcellus Shale Fracking in New York State


The Final Supplemental Generic Environmental Impact Statement (SGEIS) just released today (5-13-15) by the New York State Department of Environmental Conservation does NOTnecessarily prohibit shale fracking in New York State.

In addition, there is no requirement that the key recommendation of the Department of Health would be enforced:

“Until the science provides sufficient information to determine the level of risk to public health from HVHF to all New Yorkers and whether the risks can be adequately managed, DOH [Department of Health] recommends that HVHF should not proceed in NYS (emphasis added).”

The three action alternatives under consideration include: a) “denial of permits,” b) “use of a phased-permitting approach,” and c) “The required use of “€œgreen”€ or non-chemical fracturing technologies and additives.”

We have no idea which alternative DEC will choose.

There is also no requirement for meaningful public participation before a “Findings Statement” could be issued in as soon as 10 days to translate the Final SGEIS into effect.

Read the Final SGEIS at: http://www.dec.ny.gov/energy/75370.html

DEC “would use the 1992 GEIS and the Final SGEIS in reviewing applications to conduct high-volume hydraulic fracturing shale fracking operations in New York State if high-volume hydraulic fracturing were authorized.”

Is is unimaginable that DEC proposes to safeguard New Yorkers from shale fracking using permit guidelines up to 23 years old.

See page 10 at: http://www.dec.ny.gov/docs/materials_minerals_pdf/fsgeis2015es.pdf

Shale fracking is not prohibited in any way even though DEC concluded:

“In this regard, the ever increasing collection of proposed mitigation measures demonstrates three essential weaknesses of the proposed program: (1) the effectiveness of the mitigation is uncertain; (2) the potential risk and impact from the proposed Action to the environment and public health cannot be quantified at this time, and (3) there are some significant adverse impacts that are simply unavoidable.”

See Chapter 6, page 14 at: http://www.dec.ny.gov/docs/materials_minerals_pdf/fsgeis2015es.pdf

Three action alternatives:

“The following alternatives to issuance of permits for high-volume hydraulic fracturing to develop the Marcellus Shale and other low-permeability gas reservoirs have been reviewed for the purpose of this SGEIS:

1) The denial of permits to develop the Marcellus Shale and other low-permeability gas reservoirs by horizontal drilling and high-volume hydraulic fracturing (No – action alternative);

2) The use of a phased-permitting approach to developing the Marcellus Shale and other low-permeability gas reservoirs, including consideration of limiting and/or restricting
resource development in designated areas; and

3) The required use of “€œgreen”€ or non-chemical fracturing technologies and additives.”

See page 5: http://www.dec.ny.gov/docs/materials_minerals_pdf/fsgeis2015ch9.pdf


Governor Cuomo refused thousands of respectful requests to require meaningful public participation before the Final SGEIS was adopted.

At least a 10-day period will now ensue before a “Findings Statement” could be issued and a final decision rendered in this matter.

The immediate problem is that the public has no idea what the Findings Statement will provide.

That is why Governor Cuomo should immediately reveal what he plans to do while making sure that the requirements of the State Environmental Quality Review are strictly fulfilled.

New Yorkers concerned about shale fracking must know how the Cuomo administration will resolve arguably the most important environmental policy decision in a generation while they still have an opportunity to comment on that plan.

More shortly.

Best regards,



May 13

Breaking – #Emergency Action – 24 Hours to #StopTPP

BREAKING: Senate Democrats have reversed themselves and reached a deal with Republicans to pass TPP fast-track. They will vote tomorrow at 12:00. We have less than 24 hours to stop TPP! SHARE this now and call these 10 Senators and tell them you will vote against any member of Congress, Democratic or Republican, that sends jobs overseas! http://politi.co/1IBhl8W

Ron Wyden Oregon 202-224-5244
Michael Bennet Colorado 202-224-5852
Maria Cantwell Washington 202-224-3441
Dianne Feinstein California 202-224-3841
Claire McCaskill Missouri 202-224-6154
Patt Murray Washington 202-224-2621
Bill Nelson Florida 202-224-2023
Tim Kaine Virginia 202-224-2023
Heidi Heitkamp North Dakota 202-224-2043
Mark Warner Virginia 202-224-2023

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