One project hyped in Governor Andrew Cuomo’s budget announcements early in 2017 was a zip line that would run in three stages from near the summit at Whiteface Mountain, near where the gondola brings passengers, to the base of the mountain. This was proposed as a way for Whiteface to rival zip lines at other ski areas in the northeast U.S. that were trying to expand summer tourism and resort operations.
Posts Tagged ‘Article 14’
Philip Terrie’s commentary is the third of three essays about the vote coming this November on whether New York State will hold a Constitutional Convention. The first commentaries, by Christopher Bopst and Peter Galie, can be found here.
In the American political climate of 2017, is it really a good idea for people to insist that they can accurately predict the future? Peter Galie and Christopher Bopst appear to think it is. They claim that a constitutional convention (concon) will not diminish the authority of the provision in our current constitution – Article 14, Section 1 – stipulating that the state Forest Preserve be “forever kept as wild forest lands.” Their argument advances the case one hears circulating all around the state these days, as we gear up for the vote in November, 2017, when New Yorkers will vote yes or no on this simple question: “Shall there be a convention to revise the constitution and amend the same?” If this passes, delegate elections will he held in 2018, and the concon will sit in 2019. A vote on a new constitution would probably be held in November, 2019.
Along with a committee of the New York Bar Association, the League of Women Voters, and other prominent organizations, Galie and Bopst, duly noting both the culture of corruption in Albany and the labyrinthine and antiquated nature of much of what we have now, ask us to approve a concon and seek to convince those of us who have spent a good part of our lives defending the forever-wild provision that nothing bad can happen. Count me as unconvinced. » Continue Reading.
What follows is the second of three essays about the vote coming this November on whether New York State will hold a Constitutional Convention. This is part two of a commentary by Christopher Bopst and Peter Galie. An essay opposing a convention by Adirondack historian Philip Terrie will run on Sunday afternoon.
Part I of this two-part article discussed the history of the forever wild provision since its adoption by the Constitutional Convention of 1894. The absolute nature of the prohibition has made it the most amended section of the New York State Constitution (Peter J. Galie & Christopher Bopst, The New York State Constitution, 2d ed. (New York: Oxford University Press, 2012), p. 312). Despite the number of amendments to the provision during the last 120 years, most of the forest preserve has retained its wilderness character, and the preserve has expanded significantly since it was first created. The preserve has functioned both as a success story and a point of pride that New Yorkers can take in their state constitution. » Continue Reading.
What follows is the first of three essays about the vote coming this November on whether New York State will hold a Constitutional Convention. This first commentary in support is by Christopher Bopst and Peter Galie. Part two of Bopst and Galie’s essay will run Sunday morning, followed by an essay opposing a convention by Adirondack historian Philip Terrie on Sunday afternoon.
On November 7, 2017, New Yorkers will be asked whether they want to convene the state’s tenth constitutional convention, to consider amendments and revisions to the state’s 120-year old constitution. The question, which is automatically placed on the ballot every 20 years (N.Y. Const., art. XIX, sec. 2), causes considerable angst among those concerned a convention may jeopardize protections currently enshrined in the constitution, such as the beloved forever wild provision. The first part of this article will provide a brief history of the forever wild provision, and in particular how this provision has been treated at state constitutional conventions. The second part of the article will discuss how and why the provision has remained over one hundred years after its adoption a viable and vital part of our constitutional tradition while other constitutional prohibitions have not. The viability and vitality of the provision augur well for the likelihood that it will retain its significance should a convention be called in 2017. » Continue Reading.
Protect the Adirondacks offered its first witness Wednesday in a civil trial that could clarify the meaning of Article 14, the section of the state constitution that declares that the Forest Preserve “shall be forever kept as wild forest lands.”
Historian Philip Terrie spent several hours on the stand, establishing his credentials and testifying about the meaning of timber circa 1894, the year Article 14 (then Article 7) was approved.
Article 14 mandates that timber on the Preserve shall not be “sold, removed or destroyed.”
Protect the Adirondacks contends that the state’s construction of “community connector” snowmobile trails violates this provision and will destroy tens of thousands of trees. The nonprofit group is suing the state Department of Environmental Conservation and Adirondack Park Agency.
Governor Cuomo’s proposed new public-private initiative to revitalize Northway Exit 29 in the Adirondack Park, the former Frontiertown theme park, and to create a new visitor center and “gateway” there to benefit not just the town of North Hudson, but Essex County and the entire Adirondack Park is a good proposal.
After the Governor spent public funds to acquire the nearby Boreas Ponds for the Forest Preserve as a kind of gateway to the High Peaks and Dix Mountain Wilderness, this well-traveled sector of Essex County so close to I-87 deserves a gateway information and interpretive center that helps attract, orient, inform and inspire curious travelers – whether or not those visitors intend an outdoor adventure at Boreas Ponds.
What concerns me is one sentence buried in that same State of the State report (on page 271): “Specifically, DEC will construct infrastructure at Boreas Ponds in the Adirondacks and build trails as part of the “Hut-to-Hut” system that links State lands to community amenities.” » Continue Reading.
A rose is a rose is a rose, Gertrude Stein said. Defining a tree is not so simple.
That question — what is a tree? — has emerged as a central issue in a long-running dispute over the construction of “community-connector” snowmobile trails in the Forest Preserve. These trails, which link hamlets, are nine feet wide (twelve feet on curves) and graded to make them smooth. » Continue Reading.
A new preliminary injunction has been handed down today by a full panel of the Appellate Division, Third Department, of the State Supreme Court, to sustain a temporary ban on tree cutting by state agencies on the forever wild Forest Preserve. This preliminary injunction will remain in place until a decision is made on an appeal of a denial by the State Supreme Court for a preliminary injunction against tree cutting during construction of a network of new class II community connector snowmobile trails on the Forest Preserve.
Tree cutting was stopped for 25 days in mid-July thru mid-August 2016, resumed for one week, and then was halted again on August 19th by one justice of the Appellate Division. The new ban is expected to remain in place well into the fall. » Continue Reading.
A justice from the Appellate Division, Third Department, of state Supreme Court, issued an order to show cause Friday to stay further tree cutting on the Forest Preserve by the Department of Environmental Conservation (DEC) as it builds a new 9-12 foot wide snowmobile thoroughfare between Newcomb and Minerva.
Last week a Supreme Court decision denied a motion for preliminary injunction against tree cutting by DEC, which had work crews cutting trees on the Forest Preserve this week. Tree cutting had been stopped for 25 days in mid-July thru mid-August. This new decision will halt tree cutting for the next ten days while the Appellate Division considers whether to issue an injunction during Protect the Adirondacks’ appeal of the Supreme Court decision.
The DEC has cut over 7,500 trees on 6.5 miles of the new community connector snowmobile trail from Newcomb to Minerva, including many located in old growth forest habitat. The DEC is planning to cut another 7,500 in the weeks ahead. » Continue Reading.
It can be an arcane field, the Forest Preserve. Article XIV, Section 1 of the State Constitution, the “forever wild” clause, is comprised of 54 words which appear clear enough. Its authors in 1894 thought it should slam the door on those late-19th century abuses of the Preserve.
The century-plus since has seen (mis)interpretations of law, purposeful evasions of law, statutes that contradict the NYS Constitution, contradictory opinions of attorneys general, contradictory rulings by our highest courts – the list goes on and on.
How to keep it all straight? For years, advocates have relied on the writings of Bob Glennon, Al Forsyth, Norman J. Van Valkenburgh, Neil Woodworth, and others to get to the heart of these inconsistencies. » Continue Reading.
A judge has denied a request by Protect the Adirondacks to prohibit the state Department of Environmental Conservation from cutting Forest Preserve trees for a snowmobile trail while the trail’s legality is being contested in court.
State Supreme Court Justice Gerald Connolly ruled that Protect failed to demonstrate that it is likely to prevail in its lawsuit against DEC and the Adirondack Park Agency.
A justice of the Appellate Division, Third Department, of state Supreme Court issued an order on Friday that halted tree cutting by the Department of Environmental Conservation (DEC) on a new 9-12 foot wide snowmobile trail between Newcomb and Minerva in the central Adirondacks.
According to a survey commissioned by Protect the Adirondacks, the DEC cut over 4,000 trees on 2.9 miles of this trail in the fall of 2015, had recently cut thousands of trees on a new 3-mile section in June and July 2016, and was about to cut thousands more trees, including many located in old growth forest habitat. » Continue Reading.
The Daily Gazette in Schenectady opined recently that the latest post-budget legislative session in Albany was an essentially useless, squandered opportunity that didn’t accomplish much of importance to New Yorkers. In many areas, it may be true – much more could have been accomplished. Selectively speaking though, there were some accomplishments and compromises which took significant leadership.
One legislative accomplishment was catalyzed by serious PFOA groundwater pollution in Hoosick Falls and other upstate communities. (PFOA is described as a synthetic perfluorinated carboxylic acid and fluorosurfactant.) If Governor Andrew Cuomo signs the bill it will allow someone to file a claim for personal injury due to exposure to hazardous or toxic substances up to three years after a site has been designated a state or federal Superfund area. This is a very big deal for folks from Hoosick Falls and many other polluted locations. » Continue Reading.
Legislation in the form of a constitutional amendment has been introduced in Albany this session which would “convey certain Forest Preserve that was never intended to be included in the Forest Preserve.” That land is the 92-acre former Camp Gabriels prison in the Town of Brighton, formerly part of Paul Smith’s College, and before that a tubercular sanitarium. How this property and those interested in its conversion from a prison to another use came to this stage is a bit of a long story.
Given that this legislative session has just five days remaining, this 11th hour introduction of a constitutional amendment to Article XIV, the forever wild clause, should be viewed as both very surprising and controversial. It is neither. It’s a lesson learned, I trust, for the State of New York which turned a deaf ear in 2011 to the warning and recommendation of Adirondack Wild: Friends of the Forest Preserve, Protect the Adirondacks and the Atlantic Chapter of the Sierra Club. » Continue Reading.
We’re moving into an era of one-agency rule in the Adirondack Park and that should be very troubling to everyone. For nearly 45 years, management of the public Forest Preserve has been based on checks and balances between the Adirondack Park Agency (APA) and the Department of Environmental Conservation (DEC). The APA set management policy and the DEC administered the on-the-ground management of trails and other facilities. The APA created and updated the Adirondack Park State Land Master Plan, while DEC drafted individual Unit Management Plans (UMPs), which the APA reviewed for compliance. By and large this joint administration, which provided oversight, accountability, and public participation, worked well for the natural resource protection and public recreational use of the Forest Preserve.
All that is changing. There is little effective oversight by the APA and little accountability by the DEC. We’re in a new era of one-agency control. » Continue Reading.