BEACON CLIMATE ACTION CATSKILL CITIZENS FOR SAFE ENERGY FINGER LAKES CLEAN W ATERS

INITIATIVE, INC. FOOD & WATER WATCH FRACK ACTION GAS DRILLING AWARENESS FOR CORTLAND COUNTY GAS FREE SENECA MARBLETOWN DEFENSE AGAINST FRACKING MIDDLEFIELD NEIGHBORS NEW PALTZ DEFENSE AGAINST FRACKING OTSEGO NEIGHBORS ROCHESTER DEFENSE AGAINST FRACKING SAVE THE SOUTHERN TIER SHALESHOCK CNY SULLIVAN AREA CITIZENS FOR RESPONSIBLE ENERGY DEVELOPMENT SUNY CORTLAND ENVIRONMENTAL JUSTICE COMMITTEE SUSTAINABLE OTSEGO UNITED FOR ACTION WESTCHESTER FOR CHANGE W ESTERN NEW YORK DRILLING DEFENSE

November 25, 2013 Dear Marcia Bystryn and the NY League of Conservation Voters Board of Directors, On November 15th, Ed Cox, Director and Chairman of the New York League of Conservation Voters Education Fund, sent a public letter to Governor Cuomo deriding New York States moratorium on fracking while the public health impacts are considered.1 We write to point your attention to Mr. Coxs letter - and a number of further disingenuous and dishonest assertions he made in it - and to request that you and the NY LCV Board of Directors act immediately to remove Mr. Cox from his position with LCV. It is unacceptable that Mr. Cox touts his position with LCV while simultaneously advocating a course of action that puts the public health and safety of New Yorkers at risk, apparently motivated by both his own financial interests and ulterior political interests. The Associated Press recently reported that Mr. Cox and his wife hold up to $4.25 million worth of stock in the gas corporation Noble Energy and that Mr. Cox collected between $250,000 and $350,000 in 2012 alone for serving on Noble Energys Board of Directors.2 Frankly, it's ridiculous to have someone with such a significant pro-fracking financial conflict of interest heading up your environmental education program. Furthermore, it's a major conflict for the League of Conservation Voters Education Fund, a non-partisan organization, to have the Chairman of the NY State Republican Party as its Board of Directors Chair.3 Mr. Cox clearly cannot serve an unbiased role in educating the public on fracking with both his personal financial and political interests. Nor can he fulfill LCVs mission to "educate, engage and empower New Yorkers to be effective advocates on behalf of the environment from clean energy and funding for parks, to solid waste and green buildings." As you know, far from being what Mr. Cox calls intolerable, New Yorks moratorium on fracking and further health study are absolutely necessary and in line with science. Those who have called for the moratorium while conducting a comprehensive health impact assessment include the NYS Medical Society, representing over 30,000 of New Yorks leading health professionals, the American Academy of Pediatrics of New York, the American Lung Association, hundreds of independent scientists and health professionals, and hundreds of thousands of New Yorkers. Mr. Cox is disingenuous in touting Noble Energy's 2011 Outstanding Operator Award as environmental credibility. In both 2010 and 2011, Noble Energy had more spills - 126, 81 of which affected groundwater, and 6 of which affected surface water - than any other operator in Colorado.4 In

2011, toxic hydrogen sulfide gas was found in 78 Noble Energy oil wells surrounding Grover, CO. Noble Energy waited nearly eight months to make a required report to the state, even though hydrogen sulfide can be fatal in high concentrations and poses serious health threats even in low concentrations a threat to anyone living near the wells and to workers at the wells.5 This serves as a prime example why it is critical that regulatory agencies and politicians who direct them to maintain independence from the oil and gas industry. We also question Mr. Cox's honesty in proclaiming that fracking is safe - a line from the gas industry's playbook - when Noble Energy's own disclosures acknowledge very serious, significant risks. Please see the attached appendix from their 2012 10-K, which notes the "hazards and risks inherent" in Noble Energy's operations, and the fact that the company does not even have adequate insurance to cover the stated risks. On the point of regulatory independence, we note the irony that Mr. Cox refers to former Pennsylvania Governor Ed Rendell. Like Mr. Cox, Mr. Rendell also has close ties to the natural gas industry, including serving as special counsel at a law firm that touts its work "on the forefront" of the development of the Marcellus Shale.67 Furthermore, Mr. Cox erroneously called Mr. Rendells oversight of fracking in Pennsylvania a robust regulatory framework." In order to see what an incredulous denial this is of the environmental and public health disaster that fracking has been in Pennsylvania, one need only look to the Department of Environmental Protection records of at least 161 cases of water contamination8, as well as many reports of blowouts, spills, toxic radiation, ruined farms, sick families and environmental harm. Mr. Coxs claim that fracking in Pennsylvania has created $15 billion in revenue and nearly a quarter million jobs is familiar gas industry propaganda, but a far cry from what the data show. Recently, the Multi-State Shale Research Collaborative, including New York's Fiscal Policy Institute, released a sixstate combined report refuting that claim and showing that the oil and gas industry has greatly exaggerated the number of fracking jobs. As Frank Mauro, Executive Director of the Fiscal Policy Institute put it, Industry supporters have exaggerated the jobs impact in order to minimize or avoid altogether taxation, regulation, and even careful examination of shale drilling."9 And the Philadelphia Inquirer has recently noted that the fracking boom in Pennsylvania has "gone bust," with stagnant job growth, plunging prices and royalty payments, and sharp production declines.10 For New Yorkers who have been hit hard by Superstorm Sandy, Irene and Lee, climate change is a very real threat. As a range of scientific studies has demonstrated, fracking operations - and the entire associated life-cycle of natural gas - leak a significant amount of methane. The latest measurements by the Intergovernmental Panel on Climate Change show that methane is 34 times worse for the climate than CO2 over 100 years and 86 times worse over 20 years. While Mr. Cox only notes CO2 emissions, the significant methane leaks from fracking and natural gas development are a major concern, environmentally and for public health. Mr. Cox is likewise in error by looking to the Obama Administration for justification to support fracking. The Administration has a terrible record on this issue, having turned a blind eye to the

science that demonstrates the harms of fracking. It has also failed this country by shutting down and covering up fracking-related groundwater contamination in Dimock, Pennsylvania, Pavillion, Wyoming and Weatherford, Texas. In the case of Dimock, PA, an EPA whistleblower shared internal reports of water contamination that were revealed in tests performed by EPA, Yet, the case was closed by high-level EPA staff who reported to the Obama Administration and residents were told by EPA that their water was safe to drink. Mr. Coxs bullish insistence that New York should open the gates to fracking is a disservice to New Yorkers and is in denial of the compelling science showing the inherent negative impacts of fracking. For example, consider a memorandum of recent scientific evidence - building on significant prior evidence of harm - affirming the risks fracking poses to all New Yorkers including threats to their health, water, air, quality of life, and long-term economic prosperity of our communities and the state: www.tinyurl.com/FrackingScience Given all of Mr. Coxs ulterior political motives and financial interests, paired with his denial of the science and emerging data about fracking, he is not fit to serve in his role as Director and Chairman of the New York League of Conservation Voters Education Fund. You and the LCV Board of Directors have a responsibility to remove him. Sincerely, Beacon Climate Action Amanda Means, Founder Catskill Citizens for Safe Energy Jill Wiener, Member Finger Lakes CleanWaters Initiative, Inc. Christopher R. Tate, BME, Board of Directors Food & Water Watch Alex Beauchamp, Northeast Director Frack Action Julia Walsh, Campaign Director Gas Drilling Awareness for Cortland County Mary Beilby, Representative Gas Free Seneca Joseph M. Campbell, Co-founder and President

Marbletown Defense Against Fracking Jill Obrig, Co-founding member Middlefield Neighbors Kelly Branigan, Co-founding member New Paltz Defense Against Fracking Rosalyn Cherry, Co-founding member Otsego Neighbors Julie Huntsman, Co-founder RDAF (Town of) Rochester Defense Against Fracking Judith Karpova. Co-Founder Save The Southern Tier Isaac Silberman-Gorn, Co-Founder Shaleshock CNY Mary Menapace, Founding member Sullivan Area Citizens for Responsible Energy Development Wendy Robinson, Esq., Karen London, Esq., Larysa Dyrszka, M.D, Co-Founders SUNY Cortland Environmental Justice Committee Sheila Cohen, Chair Sustainable Otsego Adrian Kuzminski, Moderator United for Action David Braun, President Westchester for Change Susan Van Dolson, Representative Western New York Drilling Defense Rita Yelda Dear Governor Cuomo Jon Bowermaster, Director

Appendix - Noble Energys Stated Risks: Noble Energys 2012 10-K11 notes, our operations are subject to hazards and risks inherent in the drilling, production and transportation of crude oil and natural gas, including:

injuries and/or deaths of employees, supplier personnel, or other individuals; pipeline ruptures and spills; fires, explosions, blowouts and well cratering; equipment malfunctions and/or mechanical failure on high-volume, high-impact wells; leaks or spills occurring during the transfer of hydrocarbons from an FPSO to an oil tanker; loss of product occurring as a result of transfer to a rail car or train derailments; formations with abnormal pressures and basin subsidence; release of pollutants; surface spillage of, or contamination of groundwater by, fluids used in hydraulic fracturing operations; security breaches, cyber attacks, piracy, or terroristic acts; theft or vandalism of oilfield equipment and supplies, especially in areas of increased activity such as the DJ Basin and Marcellus Shale; hurricanes, cyclones, windstorms, or superstorms, such as Hurricane Sandy which occurred in 2012, which could affect our operations in areas such as the Gulf Coast, deepwater Gulf of Mexico, Marcellus Shale, Eastern Mediterranean or offshore China; winter storms and snow which could affect our operations in the Rocky Mountain areas; unseasonably warm weather, which could affect third party gathering and processing facilities, such as occurred in the Rocky Mountain areas during 2012; volcanoes which could affect our operations offshore Equatorial Guinea; flooding which could affect our operations in low-lying areas such as the Marcellus Shale; harsh weather and rough seas offshore the Falkland Islands, which could limit certain exploration activities; and and other natural disasters.

Any of these can result in loss of hydrocarbons, environmental pollution and other damage to our properties or the properties of others. In addition to these inherent hazards, Noble states that it does not carry enough insurance to cover all risks. Although we believe the coverages and amounts of insurance carried are adequate and consistent with industry practice, we do not have insurance protection against all the risks we face, because we chose not to insure certain risks, insurance is not available at a level that balances the cost of insurance and our desired rates of return, or actual losses exceed coverage limits.
1

Seiler, Casey. "Cox to Cuomo on fracking: Don't sic your flunkies on me." Capitol Confidential. (November 15, 2013) http://blog.timesunion.com/capitol/archives/199530/cox-to-cuomo-on-fracking-dont-sic-your-flunkies-onme/ 2 "Dem senator seeks probe of GOP chief over fracking." Associated Press. (November 8, 2013) http://online.wsj.com/article/AP8c4346171f67424695df141cdd567431.html 3 New York LEague fo Conservation Voters Education Fund. Accessed November 24, 2013. http://www.nylcvef.org/about/board-of-directors/

"Inadequate enforcement means current Colorado oil and gas development is irresponsible." Earthworks. March 20, 2012. http://www.earthworksaction.org/files/publications/REPORT-Colorado-Enforcement.pdf 5 "Fines rare for breaking Colorado drilling rules." Associated Press. (April 8, 2013) http://www.aspentimes.com/article/20130408/NEWS/130409865 6 Elliott, Justin. "More Than a Matter of Opinion: Ed Rendells Plea for Fracking Fails to Disclose Industry Ties." ProPublica. (March 28, 2013) http://www.propublica.org/article/ed-rendell-new-york-fracking-op-ed-disclosure 7 Elliott, Justin. "Another Layer to Rendells Fracking Connections." ProPublica. (April 8, 2013) http://www.propublica.org/article/another-layer-to-rendells-fracking-connections 8 Laura Legere. Sunday Times review of DEP drilling records reveals water damage, murky testing methods. THETIMES-TRIBUNE.COM (May 19, 2013), http://thetimes-tribune.com/news/sunday-times-review-of-depdrilling-records-reveals-water-damage-murky-testing-methods-1.1491547. 9 Campbell, Jon. "Report: Industry-backed studies exaggerate fracking job estimates." POLITICS ON THE HUDSON. (November 21, 2013) http://statepolitics.lohudblogs.com/2013/11/21/report-industry-backed-studiesexaggerate-fracking-job-estimates/ 10 Will Bunch. Pa. fracking boom goes bust. PHILLY.COM (Sep. 12, 2013),

http://articles.philly.com/2013-09-12/news/41974274_1_fracking-boom-penn-state-marcellus-centermarcellus-shale.
11

Noble Energy, Inc. U.S. Securities and Exchange Commission Form 10-K for Fiscal Year Ended Dec. 31, 2012, Filed Feb. 7, 2013. http://files.shareholder.com/downloads/abea-2d0wmq/0x0xS72207-1313/72207/filing.pdf