Legal papers posted for legal challenge to state’s plan to implement the NYCO Constitutional Amendment

July 22, 2014

Legal papers are available for the major lawsuit started on July 14th challenging the implementation of the NYCO Constitutional Amendment by the Adirondack Park Agency and Department of Environmental Conservation. Both agencies have adopted positions that the Constitutional Amendment passed in November 2013 exempts the “mineral exploration” phase on 200 acres in the Jay Mountain Wilderness from a variety of Forest Preserve and environmental protections under the Adirondack State Land Master Plan (SLMP) and New York Environmental Quality Review Act (SEQR), among other laws. Legal papers were filed on July 13, 2014 in state Supreme Court in Essex County.

Legal representation is provided by Earthjustice, out of the Earthjustice Northeast Office in New York City, and pro bono work of attorneys from Mintz Levin Cohn Ferris Glovsky and Popeo law firm in New York City.

The four principal organizations serving as plaintiffs in this lawsuit are Protect the Adirondacks, Adirondack Wild: Friends of the Forest Preserve, Sierra Club, and the Atlantic States Legal Foundation. A number of private citizens also provided supporting affidavits about their use and involvement with these Forest Preserve lands.

Click here for the Memorandum of Law.
Click here for the Complaint and Petition.
Click here for the final APA UMP Amendment for the Jay Mountain Wilderness.
Click here for the final TRP issued by the DEC.
Click here for a press release.

Click here for background information on this lawsuit.

PROTECT opposed the APA’s plans to amend the Jay Mountain Wilderness area to allow mineral exploration.

PROTECT opposed the DEC’s plans to issue a Temporary Revocable Permit for mineral exploration.

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