As we’ve written, New York is considering allowing fracking in limited areas of the state, despite the environmental and economic damage that comes with the practice. In the latest development, the Department of Environmental Conservation’s (DEC) Commissioner Joseph Martens dismissed calls for an independent analysis of the health impacts of fracking, employing some fracked up logic to justify his decision. Martens decisions seems to be based on two claims:
- There was a high probability of litigation following the conclusion of the Department’s process if public health advocates did not agree with the outcome.
- Government can be the only true independent reviewer and there could never be certainty that there were no conflict of interests with outside consultants.
Where to begin? First of all, if DEC followed all the proper procedures and practices, even if litigation was brought, the agency would win. Martens mentions the threat of litigation twice in his statement, which makes me wonder what there is to hide. According to a lawsuit brought by the Environmental Working Group, the DEC is allegedly already hiding something by not handing over all the public records generated in discussions with gas-drilling representatives. So yes, if the DEC intends to keep public records from the public during their health impacts study, they should be sued and they should lose. This result can be avoided, of course, by not hiding public documents.