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Elizabeth has now been subpoenaed by Chevron
for publicizing their poor performance.

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Our neighbors in Tonawanda, on the Niagara River in western New York State just south of Buffalo, were being poisoned for decades by a company that, unlike the gas/oil industry, does not enjoy exemptions from clean water, clean air, toxic waste laws and other regulations set in place to protect our environment and health.

For many years regulatory agencies DEC (NYS) and EPA (federal) ignored residents’ complaints of foul air and physical ailments, outrageously high rates of cancer and other diseases, and benzene levels 500 TIMES HIGHER than what is considered the highest acceptable level in state guidelines. Not only benzene, but other highly toxic chemicals were being released over decades into the air and water by a company called Tonawanda Coke Corporation. (No doubt others of the 50 or so industrial polluters that have PERMITS in Tonawanda contributed even more.)
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From the piece:
Joe Martens, commissioner of New York’s Department of Environmental Conservation, defended the record of his agency, which eventually set up high-tech air quality monitors that documented extremely elevated benzene levels, leading to the  enforcement actions. But he said such sophisticated equipment had not been available previously. So state officials had no way of knowing about the benzene, formaldehyde, and other toxic emissions seeping from leaks in equipment and piping at the plant, Martens said. “Hazardous air pollutants are difficult to detect. We didn’t have the equipment to do the type of detection — you know, police work — that EPA was able to do” later.
After reading this, what kind of idiot would say, “Hey, sure the DEC and DEP and EPA will protect us from being poisoned by industry”? Ask the people of Tonawanda, many of whom have become very sick and some of whom have died because of the toxins dumped on them by this single iron-smelting factory.
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Yet we are to trust that the DEC and other flaccid regulatory agencies will protect us from Big Gas and related industries and their fracking and related machines? No way, Jose! We must tell the DEC and the governor that no amount of regulation is acceptable. DEC (and DEP and other states’ agencies) regulations are not acceptable. Only a full and total ban on industrial poisoning from fracking and other industries is acceptable. 
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Read the great investigative piece on Tonawanda citizens who fought back against the polluting company, which was FINALLY CHARGED IN CRIMINAL COURT because poisoning us and our communities IS A CRIME and thus should be in the criminal code. Every one of the corporate officers and senior staff should serve serious jail time and pay heavy financial damages to those they poisoned. Not that any amount of money could restore the poisoned people’s lives or adequately compensate for their losses.

This piece is part of a fine, scary, and eye-opening new series by the Center for Public Integrity in concert with Slate and NPR, called “Poisoned Places.”
As often happens during in-depth investigations — an unexpected discovery. Reporters learned that the EPA maintains a “watch list” that includes serious or chronic Clean Air Act violators that have not been subject to timely enforcement. Two versions of the internal list, never previously made public, were obtained through the Freedom of Information Act. (More about the watch list here.)

Congratulations to the investigators, researchers, writers, editors, publishers, and funder of these important pieces. May they awaken people to the dangers we face and help them force change to protect and sustain the places we live, the air we breathe, and the lives we hope to continue leading.

- Maura Stephens, independent writer, associate director of the Park Center for Independent Media, and a cofounder of Coalition to Protect New York

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To anyone who knows a little of the history and nature of the oil & gas industry, it will come as no particular surprise that a couple of gas industry executives, at a 10/31 – 11/01  conference in Houston, recommended the use of military psy ops techniques and former military psy ops operatives to infiltrate and influence communities  in an campaign to “overcome public concern over hydraulic fracturing.”

Over and over, on every scale, from its dealings with everyone from homeowners to local government to state government,  the industry has demonstrated a gross sense of entitlement.  “What’s yours is mine, and what’s mine is mine.” (Links later. ) But perhaps nothing exemplifies this so simply and directly as the statement of Matt Carmichael, Anadarko representative, (see photo above) who recommended his fellow industry executives, “Download the U.S. Army-slash-Marine Corps Counterinsurgency Manual, because we are dealing with an insurgency.  There’s a lot of good lessons in there and coming from a military background, I found the insight in that extremely remarkable.”

His fellow executive, Matt Pitzarella, also pictured above, of Range Resources, seconded Carmichael’s advice:  “One employee who works with municipal governments in Pennsylvania has a background in psychological operations in the Army. Since the majority of his work is spent in local hearings and developing local regulations for drilling, we’ve found that his service in the Middle East is a real asset.”  (Story with audio clips here)

Of course, these statements reveal much that warrants commentary,  but somewhere near the top is what Carmichael’s phrase, “We are dealing with an insurgency,” demonstrates about the gas industry’s self-perception.

Here’s Wikipedia’s definition of an insurgency:  “An armed rebellion against a constituted authority (for example, an authority recognized as such by the United Nations).”

So if in the gas industry’s thinking, community resistance to the many hazards of gas extraction constitutes an insurgency, or illegitimate armed rebellion, then the gas industry considers itself a “constituted authority.”

Citizens everywhere have news for you, boys: yes, the very special treatment you’ve been getting for the last 100 years has made you a very spoiled, very  large, and indeed very dangerous child.  But you are not a “constituted authority” despite your wet dreams.  And we are not a rebellion.

You are the outlaws.  We are the citizens with whom the constituted authority ultimately rests.

One thing you got right: we are armed, with a weapon that history suggests you have little use for – the truth.

 

 

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My response to Peter Applebome’s NYT article, in which I outline 3 major complaints:
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I take issue with the way the article paints a picture of division in our community.  In fact, in my remarks to Peter Applebome, I made the point many times that, if anything, this issue has UNITED our community in the face of the gargantuan and wealthy gas industry and the few individuals who have fallen prey to it.  I was under the impression that Mr. Applebome was doing a story about grassroots efforts to fight fracking in upstate NY and the group I helped start called Middlefield Neighbors.  Middlefield Neighbors, which is the real story in my mind, was not even mentioned in the article.  I spoke with Applebome at length about the evolution of Middlefield Neighbors; the work we have done to educate and inform our town about fracking and gas leases in our area; the survey we conducted in which 84% of respondents were opposed to drilling, and only 6% for it; and the massive outpouring of support our Town Board received when they voted to strengthen our existing zoning laws and Master Plan.
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I also invited 5 other much more educated and articulate members of Middlefield Neighbors and Sustainable Otsego to meet with Applebome in my home, and none of the over two hours of conversation we had made it into the article.  Applebome had his article in mind before he visited Cooperstown, and it is my sincere regret that I ever mentioned the piece of hate mail I received or the angry woman I encountered at the gym when she interrupted a private conversation I was having, because, as I told the reporter, these are in fact anomalies in what has been, in general, an experience of community building and unification, as Middlefield and other towns rise up against corporate greed.  I am ashamed at my naïveté, and that my words have been used to such ends, and I regret any problems this might have caused.
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Furthermore, it seems facile and beneath the reputation of the NY Times to trot out the tired old story that the fracking debate is an argument between wealthy, downstate yuppies and impoverished, native farmers. Peter Applebome should have known better and taken the time to report what is really newsworthy and exciting about the antifracking movement in upstate NY—that it has unified people from all walks of life, from all socio-economic levels, all of whom realize that this is the defining issue of our time.
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I personally am not a wealthy urbanite, although the article would imply that I am, and I am also not a newcomer to Cooperstown.  As I shared with the reporter, my family has been in this area since the turn of the 20th century.  My grandfather was a vet in Cooperstown since the 1940s. My grandmother was the Director of the northern Otsego County chapter of the Red Cross.  My father grew up in the house next door to mine.  I was born at Bassett hospital. I spent summers here with my grandparents my entire life.  On our visits with them, we would swim and fish at Otsego Lake, “help” my grandfather with the cats and dogs in the kennels, drive around from farm to farm with him on house calls, and roam the woods and streams.
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But I really believe that all that is beside the point.  The point is that gas drilling is not going to help poor farmers solve their financial problems, or help anyone at all, really, aside from the executives at Gastem or Cabot or ExxonMobil.  As Ken Jaffe of Slope Farms in Meredith, NY, put it, “He said, she said” misses the story.  It is a story of overwhelming local opposition to hydrofracking. It is a story of gas companies attempting to use state government power to violate local land use regulations and voter sentiment, and impose their will on this region.”
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Native or non-native, rich or poor, EVERYONE will be adversely affected if fracking comes to our area, which is why nearly everyone who lives here opposes it so strongly.  If downstaters and Syracusans don’t oppose it as strongly, it is because Cuomo has protected those watersheds, in a move that clearly demonstrates that he knows high-volume hydrofracking is not safe, but he trusts that city dwellers don’t really care and will still vote for him later on.  Applebome failed to mention this major story, which could have served to fill a gap in New York Times reporting.
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Lastly, the article’s implication that expression of opinions contrary to that held by the minority who want drilling has caused a tension in Cooperstown that might not otherwise be here is absurd.  The tension arrived when the gas men arrived and exploited the economic depression in our area, particularly exploiting the many farmers who signed. The idea expressed in the article that it is somehow unseemly or unladylike or ungentlemanly to cry foul at the situation and to attempt to educate the community about the injustice and the dangers of gas drilling, as experienced in Pennsylvania and elsewhere, smacks of censorship in the interest of preserving a mythical status quo of harmony that exists only in the minds of an elite few.
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My husband, George Hovis, responded to this aspect of the article very well, so I will quote him here: “The article depicts divisiveness over proposed upstate hydrofracking in a mostly negative light, as if any individuals contributing to such discord are enemies of the peace.  I am reminded of the many “moderates” in the U.S. South who cautioned Dr. Martin Luther King, Jr. to discontinue his protests against racial segregation because they felt such protests created tensions within Birmingham and other communities.  Dr. King responded in his famous “Letter from Birmingham Jail” with regret that these individuals did not “express a similar concern for the conditions that brought about the demonstrations.”  Although he “earnestly opposed violent tension,” King argued that there is “a type of constructive, nonviolent tension which is necessary for growth.”  The same might be said about the struggle of residents in Cooperstown and across upstate New York, who are battling the gas industry’s invasion of their communities, awakening in the citizenry a belief that they can participate in democracy and stand up to corporate power.  These citizens have discovered the abiding truth that they can do so not by deferring to politicians but only by speaking out publicly.  I believe the vast majority of upstate New Yorkers who have participated in the opposition to hydrofracking would agree with the injunction: ‘Be civil, but do not be silent.’ “
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I consider myself a person of peace, and I make every effort in my interactions with others to listen to their side and try to understand their point of view, but I will not be silent in the face of this threat to our water and our land.  As I told the reporter, “Fracking is not safe, and I couldn’t live with myself if I just sat back and let it happen here without raising my voice against the gas industry that values profits more than people’s health and the environment. Someday I will be able to tell my children and grandchildren that I did every possible thing I could to try to save our home.”
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Although I am not writing this letter from the Otsego County jail (my current discomfort merely involves my picture on the front page of the New York Times and shame that I was not savvy enough to avoid being manipulated), you can rest assured that I would if it came to that, and that I will continue to be “civil, but not silent.”
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Thank you all for the good work that you do and for your attention to my response.  I am continually amazed to find myself in the company of such intelligent and creative people, and grateful for your strength and support.
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–Kim Jastremski

An abbreviated version of Kim’s letter was published by the NYT:  Antifracking Movement

For the story to which Kim Jastremski responds, see NYT story:  Drilling Debate in Cooperstown, NY, is Personal



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Pipeline in Dallas, PA

 

 

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Dear Mr. Applebome,

How could a reporter as good as you have missed the actual story of the voter sentiment and the politics surrounding gas drilling in the region you discussed?

With respect, the real story is the overwhelming opposition to gas drilling among the voting population in the region you covered.  Personal conflicts in town disputes concerning land use is not news. This story, based on the facts, is not neighbor verses neighbor, but rather a few large landowners (and the gas industry) against a huge majority of the population and the voters in the region.

Polls consistently show that between 70% and 90% of voters are opposed to gas drilling where local and regional polls have been done—across Otsego, Delaware, and Sullivan Counties. This includes polls done by towns and professional polling companies. Further west when local polls have been done, similar results have occurred.

The story is the overwhelming local opposition, and the plan of governor to ally with the gas companies to act against local voters and their governments, and attempt to  eviscerate local land use regulation that is guaranteed by the NY State Constitution.

Among many recent polls showing voter opposition in Otsego County,  was one done by the government of the Town of Hartwick in Otsego County which  showed overwhelming opposition to gas drilling. (79% opposed, 16% in favor, 3% undecided). Hartwick is definitely not a haven for retirees and second homeowners. Hartwick recently welcomed the building of a large newly completed  USDA slaughterhouse on the main street through town, hardly the type of development that your analysis would expect from local opponents to gas drilling (who you suggest are yuppie nimbys). Yet the people of Hartwick  understand that meat processing capacity is critical to local farming,  and that gas drilling has nothing whatsoever to do with farming. It’ s unrelated investment from which some landowners—including some farmers—would like to profit, at the expense of their neighbor who will be net losers. Hartwick’s town government, which gladly approved the new slaughterhouse,  is now planning a local law to ban gas drilling.  People in farming communities see through the false  claim that gas drilling helps farming, and see through efforts by gas companies to put  farmers up as poster children for a type of industrial development which threatens farming. Farmers know what helps farming.

In a survey this year, specifically of farmers in Meredith—where I live and farm— more farmers listed gas drilling as the largest threat to the future of their farm when given a list of threats (which also included taxes, high fuel costs, labor issues, machinery costs).  The was survey run by the town government as part of a NY State grant to create a farmland protection plan.

This month, a poll by a professional polling company (Pulse Opinion Research) of 500 randomly selected residents in both Sullivan and Delaware County asked two questions.

Do you support natural gas extraction by means of hydraulic fracturing in your town?

                                      No              Yes            Not sure

Delaware County        72%           27%             1%

Sullivan County           69%            26%            4%  

 

Would you support your town enacting zoning ordinances to restrict natural gas extraction by means of hydraulic fracturing?

                                      Yes            No              Not sure

Delaware County         69%           27%           4%

Sullivan County            69%           24%           7%

There are numerous other polls with similar results that can be cited.

Again, “he said, she said” misses the story.  It is a story of overwhelming local opposition to hydrofracking. It is a story of  gas companies attempting to use state government power to violate local land use regulations and voter sentiment, and impose their will on this region.

Sincerely,

Ken Jaffe
Slope Farms
Meredith, NY

For the story to which Ken Jaffe responds, see NYT story:  Drilling Debate in Cooperstown, NY, is Personal