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Saturday, October 15, 2011

Philadelphia passes resolution to sue Delaware River Basin Commission

FOR IMMEDIATE RELEASE
Thursday October 13, 2011
Contact: Iris Marie Bloom, Director, Protecting Our Waters
 (215) 840-6489protectingourwaters@gmail.com

Philadelphia City Council unanimously passes Resolution to sue the Delaware River Basin Commission, demands cumulative impacts of high-volume hydraulic fracturing be studied, forbidding fracking for now

Philadelphia: At noon today, all seventeen members of Philadelphia’s City Council voted in favor of a resolution which joins the City of Philadelphia as a Friend of the Court, together with lawsuits already filed by the Attorney General of the State of New York, the Delaware Riverkeeper Network, and other parties, in suing the Delaware River Basin Commission (DRBC).  Philadelphia is joining these lawsuits to require, according to the resolution passed today, “that no drilling of Marcellus Shale take place until a full environmental analysis is completed.”

“Today was a great day for democracy, science and human health in Philadelphia,” said abe [Mr. Alex Allen], Associate Director of Protecting Our Waters, after the vote.  ”Our representatives in City Council chose to unanimously look out for the interests of the people while resisting the persistent lobbying of the industry.”

The resolution was sponsored by Councilman Curtis Jones and Councilwoman Blondell Reynolds Brown, and co-sponsored by Councilwoman Maria Quinones Sanchez. Physician Walter Tsou, Rabbi Mordechai Liebling, Denise Dennis, whose historic land is impacted by shale gas drilling; and two activists testified in favor.  About 30 supporters inside City Hall held up signs affirming, “Protect Our Water,” and “Don’t Drill the Delaware.”  Councilman O’Neill, the only councilperson not present for the vote, had cast his “aye” vote before leaving the chambers.  Councilman Jones’ office is now following up to ensure that the brief is filed, working with Council’s technical staff of lawyers.

Rabbi Mordechai Liebling, who testified at Council today, was delighted with the vote.  ”Shale gas drilling is a public health disaster in the making,” he warned.

Dr. Walter Tsou, President of Physicians for Social Responsibility, past president of the American Public Health Association and former health commissioner of Philadelphia, also testified.  ”As a public health physician, I have grave concerns about public health and environmental consequences of hydraulic fracturing in the Marcellus Shale region,” he said. “A cursory list of the chemicals used in hydraulic fracturing includes known carcinogens like diethyl benzene, ethyl benzene, formaldehyde, petroleum distillate (paint remover) and ethylene glycol, otherwise known as antifreeze.  Add to that methane [migration into groundwater] and flowback [drilling wastewater] contaminated with radioactive isotopes…. Politicians have explicitly avoided the public health question because if they were really confronted with it, they would stop hydraulic fracturing.”

The resolution, which demands both a Delaware River Basin-specific cumulative impacts study and the EPA national study of the risks high-volume hydraulic fracturing poses to drinking water, includes a clause which appears to lay the groundwork to do just that for the Delaware River Basin, which supplies Philadelphia with 100% of its drinking water (the Schuylkill River is also in the Basin):

“Whereas, If the combined results of both a national EPA study and a Delaware River Basin-specific cumulative impacts study, show the potential for catastrophic risk, potential costs, and the inherent and cumulative risks to water, air, climate, farms, food, economy, fish and wildlife, human health, scenic value, and the tourism base, the City of Philadelphia will determine whether it is advisable to call for the entire Delaware River Basin to be kept off limits to unconventional gas drilling techniques.” The resolution also quotes the Pennsylvania Constitution’s famous clause ensuring that the people of Pennsylvania must enjoy “clean air, pure water,” and more.

Julie Edgar of Gas-Truth, an advocacy group which has sprung up to oppose shale gas drilling, testified in favor.  After the vote she said, “Common sense advocates were pleased that the City Council of Philadelphia did the obvious right thing to support voices calling for the precautionary principle, demanding that we wait for cumulative environmental impact studies to be completed.”

Aaron Birk, a resident of West Philadelphia, was exuberant.  In his testimony prior to the vote he said, “This is our chance to make history.  The City of Philadelphia can stand up to an industry which wants only profit…. If we stand up to the industry, we have everything to gain.”  After the vote, he commented, “There’s a lot of excitement here. Denise Dennis was fiercely articulate. (Councilwoman) Jannie Blackwell made several moving comments; she made a prayer for the occupiers, the sick and homeless and struggling people, and spoke in praise of the Occupy movement.  She encouraged Council to respond to their constituents who are out in the street with serious concerns.”  Today, Birk said, Council did just that, standing up to the fracking industry because, he said, “even if dollars did flow into the city, they’d dry up from public health costs and we’d be left with poisoned water.”

Late in the day on Wednesday, several Councilmembers indicated they’d been hearing a great deal from constituents in favor of passing the resolution to forbid fracking and sue the DRBC.  A spokesman for Councilman Green said, “We are receiving a lot of calls in favor, and we are documenting everything.”  A spokesman for Councilman Rizzo said, “We’ve gotten a lot of calls about that… I believe he’ll go that way [a yes vote].”  Spokespeople in the offices of Councilman Darrell Clarke and Councilwoman Donna Reed Miller said they’d received “a large number of calls in favor.”


BACKGROUND:

The Delaware River Basin Commission has stated that they expect to vote on November 21st on ending the current moratorium and opening the Delaware River Basin to fracking, the controversial technique used in “tight” formations such as deep shale using large volumes of water mixed with “mystery” chemicals, which the industry is not obliged to disclose due to exemptions from federal law.  The chemicals turn fresh water into “slickwater,” the industry term for water mixed with fracking chemicals, which is injected at extremely high pressure to fracture the bedrock, using lateral drilling up to two miles long and one mile deep.  Fracking releases methane, a climate-warming fossil fuel the industry calls “natural gas.” Other gas byproducts are also released; some are used to create single-use plastics, which are choking the oceans and killing marine life; and nitrogen-based fertilizer, the runoff from which is creating huge dead zones in the Chesapeake Bay and Atlantic Ocean.

The DRBC estimates about 20,000 gas wells would be approved.  At the average rate of about 5 million gallons of “slickwater” injected per well, that would mean over 100 billion gallons of toxic fracking fluid would be injected through the aquifers of the Delaware River Basin, deep underground.  Cement casing failure rate is about 12% immediately, 50% within 30 years, and 100% within 100 years, according to Professor Anthony Ingraffea, fracturing mechanics expert at Cornell University.  The current rate of environmental violations at Marcellus Shale drilling sites, including spills of industrial liquids such as frack fluid, is eleven violations as day.
In 2009, seventeen cows died bellowing in agony within an hour after drinking fracking fluid which spilled from a valve left open.  That fluid, according to Chesapeake Energy, which was responsible for the incident, was 99% water and only 1% fracking fluid.

Farmers in Pennsylvania have reported many deaths of cattle which they believe was caused by fracking contaminants in water, as well as stillborn calves, puppies, goats, and other animals linked to exposure to gas drilling contaminants. Fracking fluid impacts the respiratory, endocrine, reproductive, gastrointestinal and cardiovascular systems of humans and animals, according to research by The Endocrine Disruption Exchange.

Fifty-nine scientists released a letter September 15th stating that “flowback,” the wastewater which comes back up during and after fracking for methane gas, cannot be filtered by municipal water treatment systems. That letter is here.

The complete text of the resolution passed today is here and all phone numbers for City Council members are on the POW blog, here.

Protecting Our Waters is a Philadelphia-based grassroots organization dedicated to protecting the Delaware River Basin, the state of Pennsylvania, and the region from unconventional gas drilling and other threats to drinking water, the environment, and public health.

Friday, October 7, 2011

Vote on Natural Gas Regulations Postponed

 DRBC POSTPONES VOTE ON DRAFT NATURAL GAS REGULATIONS 

Special Meeting Rescheduled for November 21 (WEST TRENTON, N.J.) -- The Delaware River Basin Commission (DRBC) today announced that the previously scheduled October 21, 2011 special meeting for the commissioners to consider draft natural gas development regulations has been postponed. 

The rescheduled special meeting will take place on November 21, 2011 from 10 a.m. to 12 noon in the Patriots Theater at the War Memorial, 1 Memorial Drive, in Trenton, N.J. The doors to this public meeting will open at 9:30 a.m. A presentation summarizing the proposed regulations will be provided prior to the vote by the commissioners. The November 21 meeting will not include a hearing to accept comments from the public prior to the anticipated vote. 

The previously announced October 21 meeting date is being delayed for a month since additional time is necessary to complete the ongoing process and to allow for an opportunity to publish the modified draft regulations on the DRBC web site (www.drbc.net) two weeks in advance of the expected vote by the commissioners. This web posting, planned for November 7, will be for informational purposes only since comments will not be accepted. 

The purpose of the proposed regulations is to protect the water resources of the Delaware River Basin during the development and operation of natural gas projects. The commission received approximately 69,000 submissions commenting on the draft natural gas development regulations that were originally published on December 9, 2010. Six public hearing sessions were held at three locations in February 2011 to receive oral testimony, and written comments were accepted until April 15, 2011, which was an extension from the original March 16 deadline. The commissioners and staff have been reviewing the submissions and considering how the draft rulemaking should be modified based on the public input. 

The DRBC is a federal/interstate government agency responsible for managing the water resources within the 13,539 square-mile Delaware River Basin. The five commission members are the governors of the basin states (Delaware, New Jersey, New York, and Pennsylvania) and the commander of the U.S. Army Corps of Engineers’ North Atlantic Division, who represents the federal government. 

Additional information can be found on the commission's web site at www.drbc.net.

Tuesday, October 4, 2011

Fall Fishing Report

Shorter days, colored foliage and crisp mornings seem to have arrived quicker than usual this year. The rivers are still running high.  The rest of the season looks like it will mostly continue that way.  The upper section of the East Branch along with the Beaverkill and Willowemoc could be the only water to allow wade fisherman an opportunity if, and it's a big if, the water levels continue to drop and we don't get any significant rainfall. 

The fishing has been good for boaters fishing streamers with many large browns landed and released.  The reservoirs spilled big numbers of alewives over the top, so needless to say, flies representing these herring like baitfish have been the best producers.

Current Upper Delaware fishing reports, including the East and West Branch, Beaverkill, Willowemoc and Neversink rivers can be found here:  Fishing Reports  Scroll down to the Fishing Reports on the left side.


Tuesday, September 6, 2011

DRBC WILL NOT ACT ON DRAFT NATURAL GAS REGULATIONS AT SEPTEMBER 21 MEETING

WEST TRENTON, N.J. (Sept. 6) – Delaware River Basin Commission (DRBC) Executive Director Carol R. Collier today announced that draft natural gas development regulations will not be on the September 21, 2011 meeting agenda for consideration by the commissioners.

The DRBC has scheduled a special meeting on October 21, 2011 to consider adoption of the regulations. This meeting, open to the public, will be held from 1 p.m. to 3 p.m. in the Patriots Theater at the War Memorial, 1 Memorial Drive, in Trenton, N.J.

The purpose of the proposed regulations is to protect the water resources of the Delaware River Basin during the development and operation of natural gas projects. The commission received approximately 69,000 submissions on the draft natural gas development regulations that were originally published on December 9, 2010. Six public hearing sessions were held at three locations in February 2011 to receive oral testimony, and written comments were accepted until April 15, 2011, which was an extension from the original March 16 deadline. The commissioners and staff have been reviewing the submissions and considering how the draft rulemaking should be modified based on the public input. The October 21 meeting will not include a public hearing. 

The DRBC is a federal/interstate government agency responsible for managing the water resources within the 13,539 square-mile Delaware River Basin. The five commission members are the governors of the basin states (Delaware, New Jersey, New York, and Pennsylvania) and the commander of the U.S. Army Corps of Engineers’ North Atlantic Division, who represents the federal government.

Additional information can be found on the commission’s web site at www.drbc.net.

The Upper Delaware River needs your support!

The Friends of the Upper Delaware River has one mission: To protect, preserve and enhance the ecosystem and cold-water fishery of the Upper Delaware River System and to address any environmental threats to our area for the benefit of local communities, residents and visitors to the region.

To help accomplish this goal we invite all our Facebook supporters to join us in making a small $35 contribution in an annual membership in Friends of the Upper Delaware River. It's easy and simple to help, just go to our website http://fudr.org and contribute by credit card or send a check to:

Friends of the Upper Delaware River
1645 Bump Road
East Branch, NY 13756

The Friends of the Upper Delaware River is hard at work benefiting the river's ecosystem, community and its wild trout population. Some highlights of our accomplishments include:

- Instrumental in getting the Delaware River included in the Great Waters Coalition.

- Recently received the Community Service Award from the Upper Delaware Council.

- FUDR is in the process of connecting Upper Delaware and lower basin issues, demonstrating our water today will be theirs tomorrow.

- Spearheaded formation of the ‘Delaware Watershed Conservation Coalition’. Recent members include but are not limited to: Federation of Flyfishers, TU National, NYTU, NJTU, PATU, Theodore Gordon Fly Fishers, American Rivers, Upper Delaware Council, and FUDR.

- Have successfully kept the public and private sectors informed on Upper Delaware issues

- Have consistently advocated for a water release plan that actually works. In the last four years we have informed the public of the shortcomings and flaws of the flexible flow management program (FFMP).

- Placed a FUDR member, via congressional appointment, on the House Sub-committee on Ecological Flows.

- Identified and reported erroneous flow and temperature violations under the current FFMP.

- Developed and started work on a comprehensive stream restoration project of Sands and Cadosia creeks in Delaware County, N.Y., partnering with the Town of Hancock, Delaware County Department of Public Works, Code Blue, National Fish and Wildlife Foundation, the U.S. Army Corps of Engineers, Orvis and the Trout and Salmon Foundation.

- Organized and held the first meeting including all major stakeholders in the Upper Delaware System to discuss how to design a new water-release plan for the benefit of all. This had never been done before, and FUDR has taken the lead in this effort, which is supported by all groups in attendance. FUDR was able to show the group that there is more than enough water in the Delaware system, and that all downstream users could benefit from a better-managed release program without threatening the drinking water supply for NYC. The attendees voted unanimously against the current plan and vowed to help FUDR establish a new plan that will provide safety to residents along the river and to protect and enhance the habitat for all flora and fauna that call the Upper Delaware home.

- Formed partnerships with flood interest groups in our area to gain proper water releases during critical times of the year when (unnecessary) flooding is a threat.

- Established a legal team of experts to advise FUDR in our goals to protect the Upper Delaware watershed.

- Created the annual “One Bug™” event fundraiser that has helped form partnerships with organizations including the NFWF, Orvis, Patagonia, The Code Blue Foundation, The Keith Campbell Foundation, and other local foundations interested in protecting the Upper Delaware River system. The 2011 One Bug™ was bigger and better than ever, raising approximately $26,000 to help FUDR fund our projects. The event pumped as much as $50,000 into the local economy from purchases both by FUDR and contestants of goods at area businesses.

Additional accomplishments:

- FUDR gives back to the local community by supporting the Hancock Community Education Foundation, the Hancock Loaves and Fishes Food Pantry and the Lourdes Health Clinic. The group purchased uniforms for the Hancock/Deposit wrestling team. FUDR also made donations to support the families of two local boys who are suffering from leukemia.

- FUDR recently completed a stream restoration project on Oquaga Creek in the Village of Deposit. During a recent flood, erosion of Oquaga Creek threatened the local sewage treatment plant. FUDR partnered with the Village of Deposit and local Trout Unlimited chapters to make the necessary emergency repairs needed to protect the plant.

- FUDR has become a community leader in water-release issues, restoration projects, educating the public on unsafe drilling practices, and putting our area on the map as a healthy outdoor recreation destination.

The Upper Delaware River looks forward to having you as one of its Friends!

Thursday, August 11, 2011

‘North Meets South’ At River Celebration On the West Branch

           The West Branch Angler & Resort will host a river celebration featuring two top-notch musical acts on Sunday, Aug. 21.
 
          The featured bands are the Alvarado Road Show, a Nashville-based country trio making its first appearance in New York that weekend, and the Blues Maneuver, the horn-driven Catskills R&B band that has been a regional favorite for more than a decade.
 
          The event, “North Meets South on the West Branch,” is sponsored by Friends of the Upper Delaware River. It will be held from 5 to 9 p.m.
 
Admission is free and open to everyone. Donations will be taken to cover the cost of the bands and to support FUDR’s ongoing work to protect the Upper Delaware River system. Food and drinks will be available for purchase.
 
          “We’re inviting everyone to come celebrate the best fishing season we’ve had in a long, long time with some cold beer and some hot music,” said Dan Plummer, chairman of FUDR, a nonprofit river conservation group. “A new reservoir water release plan and Mother Nature--along with a little help from our friends--has kept the fish safe, and the fishing is still going strong. It’s time to celebrate.”
 
          The West Branch Angler & Resort is located on the West Branch of the Delaware River near Hale Eddy, off Route 17 between Hancock and Deposit, N.Y. (To get there, take Route 17 to the Hale Eddy exit, cross the Hale Eddy Bridge, then turn left on Faulkner Road and proceed 3/4 of a mile to the resort.)
 
The Alvarado Road Show features brothers AJ and Cleve Clark and their nephew, drummer Brandon Trey. Known for tight sibling harmonies and vivid songwriting, ARS is a touring band that does more than 150 shows a year. The trio has performed in Nashville at the Grand Ole Opry, the famed Ryman Auditorium and at the CMA Music Festival.
 
Cleve and AJ Clark are contract songwriters for Sony/ATV Music Publishing, and they have shared credits with some of the biggest hitmakers in rock and country music, including Steve Wariner, Stan Lynch, David Z, Kyle Cook, Kim Williams and Rick Carnes.
 
The Blues Maneuver will get the party started at 5:15 p.m., then will join ARS on stage for a north-meets-south jam at end of the trio’s set.
 
          Luther Krajicek, frontman of the Blues Maneuver, said he became acquainted with the Clarks and Trey on the Gulf Coast.
 
          “There are hundreds of great musicians working down on the southern coast, influenced both by Nashville and New Orleans,” Krajicek said. “But these guys stood from the moment I heard their first song as something completely original. Great songs, great harmonies, great guys.”
 
Krajicek lured them to New York for the first time this summer by booking them at several gigs, including the “Hoedown in the Blowdown” festival near Oneonta on Aug. 19 and as a show-opener for Mary Chapin Carpenter at the Belleayre Summer Music Festival on Aug. 20.
 
             “I was saving Aug. 21 for a joint show with Blues Maneuver and ARS, and the river celebration was the perfect fit for that, thanks to Dan Plummer of FUDR and Sam Batschelet of West Branch Angler,” Krajicek said.
 
Dan Plummer, Chairman
Friends of the Upper Delaware River
607-363-7848 office
607-363-7975 fax

Monday, August 8, 2011

Mid August 2011 Upper Delaware River Fishing Report

The rainy Spring and new water management plan in effect this season have allowed the West Branch Branch of the Delaware to have steady water releases ranging from 525 to 600 cfs the whole season so far.  This has really ignited the rainbow trout fishery on the main stem of the Delaware and has kept the West Branch fishing very well throughout the summer.

Hatches have been very good to excellent with the overcast days producing the most insect activity.  Sulfurs, olives, Cahills, isonychia, and a showing of tricos.  Flying ants are starting to show up too.  Nymphing and wet fly fishing have been very productive during times of reduced insect activity.

Down further on the main river the smallmouth bass action has been good to excellent.  Evenings have provided the best opportunity for surface action with the bass greedily snatching poppers and sliders from the surface.

With the weather forecast for the rest of the month predicting cool air temps look for the fishing conditions to stay good or even get better.