Conservation Notes

Tupper Lake / Adirondack Club & Resort - One of the most controversial components of the Big Upper project was the development of "great camp" lots spread out on portions of resource management lands. The developer should have been required to cluster these lots to leave a larger area undeveloped. Also, no wildlife studies were conducted, despite four requests to do so. Within the 60-day window to sue the APA over this action, Protect the Adirondacks and the Sierra Club filed a legal challenge over the defects in this permit approval. The case will bypass the trial-level courts and go directly to the mid-level appellate division due to the voluminous record already compiled on the project. The developer is blocked from building while this case is pending. Clustering, however, is a "best management practice" and not a legal mandate, so the state may be able to successfully defend that aspect of its decision. However, the lack of studies is the weakest part of the state's case, even though no one expects any such study to reveal any previously unknown wildlife habitats. A decision might be reached in 3 to 4 months.

Lows Lake Case - ADK and Protect the Adirondacks won the first lawsuit regarding the designation of Lows last summer. The state has filed a notice of appeal, but they have not yet filed the actual appeal, and may not do so within the 9-month window. That window closes on June 25th. If no papers are filed by state by that time, last summer's decision stands. There seems to be some indication that the state might not appeal; some staffers have stated we presented a strong case.

State Budget - For the EPF, the funding is $134 million, with $17.5 million for land acquisition and $18 million for DEC's stewardship projects. Not adopted was the EPF Enhancement Act of 2012, which would have phased in the "bottle bill" escheat money (unredeemed nickel deposits) that currently gets swept into the general fund. The issue with the proposal is the schedule at which the escheat would be swept into the EPF. It's hard to put specific dollar amounts onto a fund that fluctuates from year to year, as the two current proposals tried to do. Although neither was included in the approved budget, they may be held over for next year's budget. In the proposed operations budget appropriations bills, language had been inserted that would have allowed budgeted funds to be swept between agencies without legislative approval. In the final budget, this "transfer language" was narrowed by agreement between Governor, Senate, and Assembly to cover only minor operational items. Assemblyman Sweeney mentioned the possibility of a new bond act as a means of funding many outstanding projects.

Legislative Update - ADK participated in two lobby days and thanked many members of the legislature for supporting park funding. On the Earth Day Lobby Day, five bills were discussed by the panel: EPF Enhancement, Hydrofracking Hazardous Waste Loophill, Solar Jobs Bill, Climate Change Bill, and the Child Product Safety Bill. The Invasive Aquatic Species Bill has passed the Assembly. A second bill introduced by Sen. Little addresses feral pigs, which have become an issue in some upstate counties. In other states, placing bounties on pigs has simply driven them into other areas. Feral pigs are becoming established in the Finger Lakes, Alleghany State Park, Essex County, and the Catskills. Regarding hydrofracking legislation, the Assembly has proposed numerous bills, but because there has been no interest expressed by the Senate there has been no movement. Various bills to allow the gathering of firewood in the Forest Preserve, to amend the definition of a DEC campground to allow longer RV stays, and to allow disabled floatplane access to wilderness lakes are all being held by the Environmental Conservation Committee. There was a recent meeting held by Assemblyman Gantt between ATV enthusiasts, environmental groups (including ADK), and state officials. One of the subjects was the ATV Weight Limit Bill, which would increase the weight definition of ATV from about 500 to 1500 pounds, including multiple passengers and cargo space. This would allow larger vehicles to become registered and ride on Lewis County roads. This bill has also been held in committee. Senator Marcellino proposed a bill to expand the conservation easement clarification to allow land donors to receive a tax break. It was vetoed in 2008 under Paterson, more it is likely to be approved by Cuomo.

North Country Trail in the Adirondacks - The North Country National Scenic Trail (NCNST) would be a continuous trail from North Dakota to New York. The Adirondack portion had been expected to cross the Hudson River on an abandoned railroad bridge in the Hudson Gorge. However, the governor has convinced the DOT and DEC to support a proposal to reactivate the railroad. Legally, there can be no pedestrian use of an active railroad bridge, so this will require trail advocates to consider a new route. An attractive option is to exit the Siamese Ponds Wilderness near North Creek by using Steve Ovitt's new cross-country ski trails, and then following a town road back to state land near Moxham Mountain on the east side of the Hudson River.

Hydrofracking Update - Most relevant update to this issue is that propane has been proposed as a substitute for water, but information on this method is very limited. Only one company seems to be using propane instead of water. When and if someone applies for a permit for this process, it could require its own SEQR review. Towns do have the authority to ban hydrofracking at the local level, and DEC's regulating authority does not preempt this authority. This was determined in a case where two drilling companies challenged a local ban in the towns of Dreyden and Middlefield.

If you have questions or want to know more about these issues, please contact David Pisaneschi at: dpisanes@nycap.rr.com or 459-5969.

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