by ROCKMAN » Mon 20 Apr 2015, 20:03:48
dohboi - Yes, I do. But then I read the details and discovered your characterization wasn't entirely correct. The agency turned over 294 pages of the report detailing the study along with other data. But they did refuse to turn over the data samples because the state law doesn't require them to. Not just for this study but all similar studies. Not sure why that law exists but this isn't a special exemption. The judge's explanation: "The Judge ruled in favour of the DEP which argued that a “premature” public release of the still “unvalidated and preliminary” data could lead to the circulation of erroneous or misleading conclusions regarding health risks." IOW the ruling wasn't that the data would never be released but that it just wouldn't be released at this time. Thus it does sound like those folks are creating an issue out of a non-issue.
Regardless the public was given the detailed of the study. What also makes me a tad suspicious is why all the chatter about not getting the sampling data and not commenting on the reports analysis itself. Perhaps because it does fit their preconceived prejudice??? BTW did you read my portion of the post that pointed out that radon gas is essentially EVERWHERE. That would seem to guarantee it would be found where they were drilling...as well as areas not being drilled. But all that pales in comparison the PROVEN FACT that radon is a naturally occurring element and isn't man-made. Thus a very basic question: since radon isn't created by either the drilling or frac'ng what exactly is the concern regarding those activities? That focus I find very suspicious.
Law360 -- A Pennsylvania appeals court on Friday said the state's Department of Environmental Protection needn't provide an environmental group with data and information underpinning a forthcoming study on the connection between oil and gas extraction and radioactivity, concluding that the data is exempt from disclosure. A three-judge panel reversed a July ruling from the state's Office of Open Records that the Delaware Riverkeeper Network was entitled to receive records detailing sampling data from the DEP’s study of technologically enhanced naturally occurring radioactive material, or TENORM, associated with gas and oil extraction. The panel determined that the sample data is exempt from disclosure under the state's Right-To-Know law because it constituted records of a noncriminal investigation.
"It is clear based upon the record evidence that because DEP collected the sampling data at issue in compliance with the Radiation Protection Act’s mandate that DEP monitor, control and regulate radiation sources on an ongoing basis, it was the result of 'a systematic or searching inquiry, a detailed examination, or an official probe' in the course of DEP’s official duties and, thus, constitutes a noncriminal investigation," the panel concluded. The decision referred to a provision of the Right-To-Know law that exempts from public access investigative materials or records that would reveal the progress or result of certain types of official agency investigations
Delaware Riverkeeper Network had made the request to the DEP in April 2014, and the agency granted the request in part, turning over 294 pages of material describing the TENORM study and the status of the study, along with some other documents. But it denied the request regarding the underlying sample data, arguing that it constituted noncriminal investigative records and internal pre-decisional deliberations.