Cuomo Administration Failure to Disclose Drilling Documents Prompts Lawsuit
The Environmental Working Group (EWG) Monday sued the administration of New York Gov. Andrew Cuomo for documents that would show how the state has drafted its plan to permit high volume hydraulic fracturing and horizontal drilling for shale gas.
In the suit EWG contends that the Cuomo administration failed to honor EWG’s request under the state’s Freedom of Information Law for full disclosure of public records showing communications between the governor and six other senior officials and about two-dozen representatives of the oil and natural gas industry. These contacts occurred during the critical period between Jan. 1, 2011 and March 6 of this year, when industry representatives were striving to influence environmental regulators charged with drafting a 1,500-page plan that would govern future drilling.
“We already know that state regulators gave drillers exclusive behind-the-scenes access to draft regulations that were stacked in favor of natural gas companies and riddled with scientific gaps,” said Heather White, Environmental Working Group’s general counsel and chief of staff.
“The Cuomo administration’s grudging response to our Freedom of Information request raises questions about its commitment to science and open government,” White said.
Natural gas interests are putting intense pressure on the Cuomo administration to lift a statewide moratorium on high-volume hydraulic fracturing and horizontal drilling for shale gas. Thousands of New York landowners and citizens have expressed opposition to expanded drilling and fracturing because they fear that gas extraction poses a threat to clean water, health and property values.
EWG filed its lawsuit in the State of New York Supreme Court, County of Albany Monday. The case will be heard in court on Oct. 26. The group seeks records from the New York State Department of Environmental Conservation and the governor’s office. Its original Freedom of Information Law request, filed March 6 aimed to find out whether the state’s decision-making process on the drilling issue is fair, transparent and based on science as Cuomo promised.
The state’s draft drilling plan released last September was significantly tilted in favor of drillers. It was marked by notable scientific omissions and inaccuracies that led EWG and others to suspect that the drilling industry had exerted undue influence on state regulators.
In response to EWG’s request, state officials produced 282 pages of records showing that they granted natural gas industry representatives exclusive access to the state plan as early as six weeks before it was made public. In at least one instance, a representative of Oklahoma-based Chesapeake Energy Corp., one of the nation’s most powerful drilling companies, used this inside track to try to weaken rules restricting discharges of radioactive wastewater.
However, the records released to EWG contained troubling gaps. They indicated that there had been multiple meetings and phone calls between drillers and regulators, but the actual records of these contacts were missing. The Department of Environmental Conservation disclosed mostly emails. EWG’s request was much broader, covering text messages, letters, notes, meeting requests, calendar entries, meeting minutes, documents, drawings, graphs, charts, and official business calls made on state, personal and campaign phones.
The department produced two letters on which the governor was carbon-copied, but the governor’s office did not release its copies of those letters. It disclosed 86 pages of documents but no phone records or emails between drillers and the governor and three key aides during the14-month period during which the decision over whether to allow shale gas drilling was one of the top political issues in the state.
Due to gaps in the records and the Cuomo administration’s poor record in complying with Freedom of Information Law requests generally, EWG believes the Cuomo administration is withholding documents. EWG filed administrative appeals to the governor’s office and Department of Environmental Conservation in May, asserting that not all records had been produced.
Both offices denied the appeals.
EWG’s lawsuit seeks, among other things, a judicial hearing to determine what additional records exist and an order requiring the governor’s office and Department of Environmental Conservation to produce a complete set of records.
“The paltry number of records we received from the Cuomo administration is remarkable when you consider the magnitude of New York’s fracking debate,” said Thomas Cluderay, EWG assistant general counsel. “We believe this suit will shed much-needed light on what has been going on behind the scenes as the governor moves closer to making a decision on whether to drill.”
EWG has focused on shale gas drilling in New York since 2008 when the New York City Council asked the organization to testify at a hearing about impacts drilling might have on the city’s upstate water supply. EWG has 84,000 supporters in New York and has recently published several reports about shale gas drilling in the state including an investigation of documents received from the Cuomo administration in response to EWG’s original Freedom of Information Law request, a review of flaws in the state’s draft drilling plan and an analysis of the U.S. Geological Survey’s review of the drilling plan.
Visit EcoWatch’s FRACKING page for more related news on this topic.
Petition and Notice of Petition
EWG reports are available here:
EcoWatch Daily Newsletter
In Major Win for Indigenous Rights, Supreme Court Rules Much of Eastern Oklahoma Is Still a Reservation
Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.
- Federal Judge Orders Trump Admin to Give Native Americans Their ... ›
- Police Were Ready to Shoot Indigenous Pipeline Protesters in ... ›
- Climate Justice, Indigenous Rights Advocates Rally for Wet'suwet'en ... ›
By Tiffany Means
Summer and fall are great seasons to enjoy the outdoors. But if you're already spending extra time outside because of the COVID-19 pandemic, you may be out of ideas on how to make fresh-air activities feel special. Here are a few suggestions to keep both adults and children entertained and educated in the months ahead, many of which can be done from the comfort of one's home or backyard.
The coronavirus may linger in the air in crowded indoor spaces, spreading from one person to the next, the World Health Organization acknowledged on Thursday, as The New York Times reported. The announcement came just days after 239 scientists wrote a letter urging the WHO to consider that the novel coronavirus is lingering in indoor spaces and infecting people, as EcoWatch reported.
- Airborne Coronavirus Transmission Must Be Taken Seriously, 239 ... ›
- Trump Halts WHO Funding Amidst Criticism of His Own Coronavirus ... ›
- Here's Why COVID-19 Can Spread So Easily at Gyms and Fitness ... ›
- Is the New Coronavirus Airborne? A Study From China Finds Evidence ›
By Angela Nicoletti
The eastern slopes of the Andes Mountains in central Perú are among the most remote places in the world.
- Global Frog Pandemic May Become Even Deadlier as Strains ... ›
- New Species of Diamond Frog Discovered in Remote Pocket of ... ›
- Frogs Are on the Verge of Mass Extinction, Scientists Say - EcoWatch ›
A new analysis by scientists at the Swiss-based International Union for Conservation of Nature (IUCN) found that lemurs and the North Atlantic right whale are on the brink of extinction.
- Trump Admin Denies Endangered Species Protections to Pacific ... ›
- Trump Admin Failed to Protect 241 Species From Extinction ... ›
- New Border Wall Construction Threatens 8 Species With Extinction ... ›
By Julia Vergin
It is undisputed that vitamin D plays a role everywhere in the body and performs important functions. A severe vitamin D deficiency, which can occur at a level of 12 nanograms per milliliter of blood or less, leads to severe and painful bone deformations known as rickets in infants and young children and osteomalacia in adults. Unfortunately, this is where the scientific consensus ends.
Where Does the Deficiency Begin?<p>Nobody knows exactly how much vitamin D a person actually needs. The question of when a deficiency starts is correspondingly controversial. However, vitamin D is becoming increasingly popular.Not only is the pseudo-scientific literature on the "sun vitamin" experiencing an upswing, but the number of published studies has also increased enormously in recent years. For example, in 2019 <a href="https://academic.oup.com/edrv/article/40/4/1109/5126915" target="_blank">a study found that</a> Vitamin D is responsible for keeping the skeleton functional and is associated with cardiovascular diseases, type 2 diabetes and various types of cancer. <br></p>
An All-Rounder<p>Vitamin D levels in the body rise and fall according to sun exposure. If sufficient UV rays reach the skin, the body is able to produce the vitamin itself. However, the human body only derives an estimated 10 to 20 percent of its daily requirement from food.</p><p>The vitamin D that we synthesize from sunlight or food is not biologically active at first. Before the kidneys can produce the biologically active form of the vitamin, known as calcitriol, and release it into the blood, some metabolic processes must take place beforehand.</p><p>In addition, many organs have receptors to which the precursor of calcitriol binds. Further, this substance is also present in blood.</p><p>From this precursor, the organs then produce calcitriol themselves, which the body then uses for countless other processes in the body. This form of vitamin D thus regulates insulin secretion, inhibits tumor growth, and promotes the formation of red blood cells as well as the survival and activity of macrophages, which are important for the <a href="https://www.mdpi.com/2072-6643/5/7/2502/htm" target="_blank">immune system.</a></p>
Low Vitamin D, Severe COVID-19 Disease?<p>A research study carried out <a href="https://www.sciencedirect.com/science/article/pii/S2352364620300067?via%3Dihub" target="_blank">at the University of Hohenheim</a> has now established a link between vitamin D deficiency, certain previous diseases, and severe cases of COVID-19.</p><p>According to the study, "there is a lot of evidence that several non-communicable diseases (high blood pressure, diabetes, cardiovascular diseases, metabolic syndrome) are associated with low vitamin D plasma levels. These comorbidities, together with the often accompanying vitamin D deficiency, increase the risk of severe COVID-19 events."</p><p>"This statement is completely correct," said Martin Fassnacht, head of endocrinology at the University Hospital of Würzburg. However, he qualifies that it is a pure association, "i.e. a mere observation that these events occur together.</p><p>Dr. Fassnacht is very critical of the hype surrounding vitamin D, but not because he denies the vitamin serves important functions. However, studies on humans have not been able to show that vitamin D has the healing powers many often propagate.</p><p>Fassnacht says, "If you take a closer look, the hopes that the administration of vitamin D has a healing effect have not been confirmed so far."</p>
Association Versus Intervention Studies<p>Many studies on the vitamin are association or observational studies. "By definition, these studies cannot prove the causal relationship, but only point to mere correlations," said Fassnacht. The physician tries to illustrate this with an example:</p><p>"Imagine two groups of 80-year-olds. One group is spry, active and does sports. If you compare them with another group living in nursing homes, the difference in vitamin D levels will be dramatic. Life expectancy would also be extremely different."</p><p>But to try to explain the difference in fitness by vitamin D status alone is far too simplistic. "Vitamin D levels are a good measure of how sick someone is. But not more," says Fassnacht. </p><p>According to Fassnacht, none of the intervention studies carried out to date -- that specifically examined the effect of vitamin D on various diseases -- has been able to confirm the previous association and laboratory studies or the presumed positive effect of vitamin D.</p>
Further Research Is Needed<p>"If a coronavirus infection is suspected, it is therefore absolutely necessary to check the vitamin D status and quickly correct any possible deficit," said the recommendation of the paper published by the University of Hohenheim.</p><p>"Studies are underway to see whether vitamin D helps in COVID-19 infection, but I personally do not believe that this is really the case," says endocrinologist Fassnacht. Nevertheless, he says it is of course useful to carry out these studies.<br></p><p>"I don't want to rule out that there are actually subgroups of people who benefit from an additional vitamin D dose," he says. After all, this has been proven to be the case with a severe deficit.</p><p>In view of the study situation, Fassnacht does not think much of preventive, nationwide vitamin D substitutes. "My belief that the vitamin helps somewhere is very low. But, of course, I can be wrong."</p>
- 8 Ways to Tell if You Are Vitamin D Deficient - EcoWatch ›
- 7 Healthy Foods That Are High in Vitamin D - EcoWatch ›
- 7 Nutrient Deficiencies That Are Incredibly Common ›
Ocean scientists have been busy creating a global network to understand and measure changes in ocean life. The system will aggregate data from the oceans, climate and human activity to better inform sustainable marine management practices.
EcoWatch sat down with some of the scientists spearheading the collaboration to learn more.
Climate models are predicting faster warming of the North Atlantic Ocean, which will shift the Gulf Stream. NASA
- Could the Climate Crisis Spell the End for Maine Lobster? - EcoWatch ›
- 5 Reasons Why Biodiversity Matters - EcoWatch ›
- World Leaders, Media Ignore Biodiversity Report Detailing Mass ... ›
- The Top 10 Ocean Biodiversity Hotspots to Protect - EcoWatch ›