ALBANY WATCH

State turned down offer to join gas drilling study

Jon Campbell
Wires

In this June 2012 file photo, a crew works on a gas drilling rig at a well site for shale-based natural gas in Zelienople, Pa. While Pennsylvania has been allowing the industry to use the controversial technique called hydrofracking to get at the natural gas, New York has had a de facto ban in place for more than five years and is still studying the issue.

ALBANY – A major Pennsylvania health care system invited New York to participate in a long-term, extensive study of shale-gas drilling's human impacts, but a partnership never materialized.

The February 2013 invitation from a Geisinger Health System administrator was among thousands of pages of documents recently released by the state Department of Health regarding its ongoing review of hydraulic fracturing.

The trove of documents includes dozens of outside studies on fracking, as well as some limited correspondence with state officials. In one 2012 letter, New York's top environmental regulator declined a meeting with famed consumer advocate and third-party presidential candidate Ralph Nader.

But the documents do not shed much new light on the Health Department's review of large-scale fracking, which has been conducted entirely behind closed doors. The shale-gas stimulation technique remains on hold in New York.

Mary Anne Kowalski, president of the Seneca Lake Pure Waters Association, said the documents, though, offer some indication of the work that was reviewed.

"It appears (the Department of Health) is gathering the right information," she said. "It seems to be a balanced approach of peer-reviewed documents."

The Department of Health first began releasing the documents late last month, after Kowalski's group filed an extensive Freedom of Information Law request in January seeking data related to the agency's fracking review. The group has been critical of fracking.

The Seneca Lake organization's initial request for the documents was denied by the state last year, leading the group to sue in September. Early this year, the two sides came to an agreement — a new, more specific FOIL request would be filed, and the state would provide documents within 45 to 75 days.

The Albany Bureau filed an identical FOIL request in January and received the same documents — on five CDs and one DVD.

Never happened

Among the documents is a lengthy email sent from Andrew Deubler, Geisinger's executive vice president of resource development, to state Health Commissioner Nirav Shah and a group of 11 researchers. The email, dated Feb. 28, 2013, followed up on a meeting Shah had with researchers at Geisinger and Guthrie Health two days earlier in Sayre, Pa.

Deubler wrote that he believed the sides "agreed to pursue" a potential plan that would add the New York agency to a research team — known as the Marcellus Research Initiative — that is set to conduct a 20-year study of the health impacts of gas drilling and fracking in the Marcellus Shale.

The massive shale formation extends beneath several states, including Pennsylvania, where large-scale fracking has long been underway, and New York, where it has not.

It "is clear that by engaging New York State in this unique research opportunity, we can amplify the benefit of our research initiative and ultimately provide meaningful information to the communities within the Marcellus Shale Region, and beyond," Deubler wrote. "We believe the MRI has the potential to change public health research, as we know it."

An apparent response from Shah's department to Deubler was redacted in the documents released by the Health Department. But through a spokeswoman, Geisinger Director of Research Project Management Stephen Sellers said New York "did not pursue a partnership with or any other involvement in the Marcellus Collaborative."

In a statement, the Department of Health said nothing ever came of the proposed partnership.

"A follow-up telephone conference was held in March of 2013, but DOH has had no further role in that initiative," according to the statement.

Last week, Shah announced he would resign as commissioner effective May 5, but Gov. Andrew Cuomo said the state's fracking health review would continue on with new leadership. Howard Zucker, Shah's first deputy commissioner, will become interim commissioner.

Nader invite declined

The newly released documents date back to September 2012, when state Environmental Conservation Commissioner Joe Martens first asked Shah to assess a lengthy review of fracking by Martens' agency.

Shortly thereafter, Martens received a request from Nader, seeking a meeting in Albany to discuss the state of fracking in New York.

Nader, an environmentalist and consumer advocate who has made numerous presidential runs as an independent and on the Green Party line, wanted Martens to meet with him and a group of others, including farmers and scientists.

In a Nov. 12, 2012, letter to Nader, Martens declined his request.

"With respect to your request for a meeting, I want to assure you that (the Department of Environmental Conservation) has met with stakeholders on all sides of the issue, including scientific experts who have described a broad range of concerns," Martens wrote. "However, we are not able to schedule the meeting you requested at this time."

In a phone interview Thursday with the Albany Bureau, Nader said he doesn't know why his meeting request was denied.

Nader said he supports a "total prohibition" on fracking in New York. The chances of that happening increase as the Cuomo administration continues to delay a decision on shale-gas drilling in New York, he said.

"Cuomo's getting heat from all sides. He's delaying a decision, and the more he delays a decision, the more the ravages of fracking come to the public fore," Nader said. "Just think what we know now compared to five years ago. Not making a decision is opening the door to more and more evidence about the cost and risks and long-term damage of fracking."

A DEC spokesman said the agency doesn't discuss who Martens does or doesn't meet with.

Various studies

Shah's work related to fracking is a review, not a study. While he's been instructed to look over outside studies and research to assess the safety of fracking as it pertains to health, he has said he's not conducting original research.

The trove of documents released includes dozens of studies related to shale-gas drilling and public health, assessing gas fields everywhere from Pennsylvania to Colorado to the United Kingdom.

But the documents do not include any context as to which studies are being actively considered by the Health Department or which have been dismissed or which were simply included because citizens sent them in.

In its statement, the agency said some of the studies were "obtained by DOH staff" and others were submitted by advocates or citizens, but declined to say which ones are actively being considered as part of the state's review.

"Our review of relevant literature is ongoing and so it would be premature to characterize specific studies," according to the Department of Health's statement.

Kowalski said she's hopeful further clarity will be provided as the Health Department provides additional documents.

Twitter: @JonCampbellGAN