"Climb the mountains and get their good tidings. Nature’s
peace will flow into you as sunshine flows into trees.
The winds will blow their own freshness into you, and the storms
their energy, while cares will drop off like autumn leaves."

— John Muir

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FIELD NOTES

New York’s Highest Court Accepts Brief in Defense of Wild Rivers
By Dave Gibson, Managing Partner Adirondack Wild

 

https://www.adirondackalmanack.com/wp-content/uploads/2018/01/DSC1511-300x200.jpg
Wild section of the upper Hudson River near Indian Lake. Photo © Dave Gibson

In mid-February, our state’s highest court, the Court of Appeals, considered whether or not to accept a brief submitted by the Adirondack Council in Elizabethtown.

After a challenge by the NYS Dept. of Environmental Conservation, who wanted the brief withheld, the Court announced that it would accept the brief.

Known as a Friend of the Court brief (“amicus curiae”), it was submitted in support of Adirondack Wild’s and Protect’s suit challenging the NYS DEC and APA plan to allow motor vehicles to drive through a part of the Hudson River shoreline designated as Wild.

Wild portions of our state’s designated River system are to be always managed as if Wilderness, where public use of motor vehicles are strictly prohibited.

However, near the Hudson River shoreline north of Indian Lake, our state environmental agency has created novel arguments that seek to evade the clear language and meaning of the Rivers Act in an attempt to greatly accelerate motor vehicle use of the area.

In late 2018, Adirondack Wild et. al. appealed the case to the Court of Appeals. Our case will be argued by Hannah Chang, our attorney with the environmental lawfirm Earthjustice.

We applaud the Adirondack Council for their collaboration and for weighing in on this very important, precedent-setting case that will test if laws passed in the 1970s to protect wilderness and wild rivers in the Park still have legal teeth.

Here is the actual Feb. 14, 2019 ruling by the Court of Appeals:

MOTIONS
Mo. No. 2019-57
In the Matter of Adirondack Wild: Friends of the Forest Preserve et al.,
Appellants, v. New York State Adirondack Park Agency, et al., Respondents

Motion by Adirondack Council, Inc. for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served, an original and nine copies filed, and the brief submitted in digital format within seven days.

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COMMENT Archives
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2019


04/28/19 In 1969, Citizens Saved the Upper Hudson from Destruction read more >
04/09/19 Making Conservation Design The Norm, Not The Exception read more >
03/19/19 Adirondack Wild and Sierra Club Seek Sunset for Mineral Sampling in Wilderness Lot 8 read more >
03/07/19 E-Bikes Are Not For The Forest Preserve
read more >

02/21/19 New York’s Highest Court Accepts Brief in Defense of Wild Rivers read more >
02/11/19 Commission on the Adirondacks in the 21st Century: A Status Report read more >
01/12/19 Becoming Rooted Thanks to People like Bob read more >
2018 - Click Here for Archives

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The mission of Adirondack Wild: Friends of the Forest Preserve is to advance New York’s ‘Forever Wild’ legacy and Forest Preserve policies in the Adirondack and Catskill Parks, and promote public and private land stewardship that is consistent with wild land values through education, advocacy and research.

Top left, Autumn © Ken Rimany; Maple Leaves and Lichen ©Ken Rimany

ADIRONDACK PARK REGIONAL
Peter Brinkley, Honorary Chair
pbrinkley@frontiernet.net
Terry Jandreau, Chair
terry.jandreau@yahoo.com
 
Christopher Amato
Vice Chair & Counsel

camato@adirondackwild.org
David H. Gibson, Partner
dgibson@adirondackwild.org
Mobile: 518.469.4081

Adirondack Wild: Friends of the Forest Preserve    Founded 1945   PO Box 9247 • Niskayuna New York 12309 | ©