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I went to Albany recently for an Appellate Division hearing in the case of Thomas Jorling vs. Adirondack Park Agency.
Jorling, a former Department of Environmental Conservation commissioner, is challenging the APA’s approval of a proposed marina expansion on Lower Saranac Lake. The hearing was the first chance for Claudia Braymer, Jorling’s attorney, to argue before judges that the state’s failure to study the capacity of Lower Saranac should invalidate the marina’s permit.
“The argument that they can just divorce the review of a private project from the review of the water resources of the Adirondack Park is wrong,” Braymer argued.
Joshua Tallent, an assistant attorney general representing APA at the hearing, asserted that the Adirondack Park State Land Master Plan does not apply to private projects.
“The State Land Master Plan, as the name indicates, applies to state management decisions on state-owned-publicly-owned lands, on the Forest Preserve,” Tallent told the judges.
The judges also honed in on how the agency evaluated the site’s wetlands, and one judge pressed Tallent on why the agency doesn’t employ a reading of wetlands regulations that would result in more high-value wetlands determinations.
APA board members are already starting to discuss projects and the broader impacts to lakes in seemingly new ways, as policy reporter Gwen Craig detailed in a recent article.
I eagerly await the court’s decision, which the losing side could appeal to the state Court of Appeals for a final decision.
I also wrote about a recent study that provides further evidence that Adirondack lakes are losing oxygen and could be crossing thresholds dangerous to coldwater fish like trout. Researchers at Cornell and RPI analyzed over 400 lakes around the world, including about a dozen in the Adirondacks, and found that as temperatures warm, lakes remain stratified for longer and lose more oxygen in the depths. Shallow Adirondack lakes may be most sensitive to oxygen loss in the coming decades, threatening the health of trout populations.
The Lake George Park Commission today unanimously approved new septic regulations for properties within 500 feet of the lake and 100 feet of a stream at its meeting today.
The new regulations would require about 2,700 properties in the Lake George basin to be inspected to ensure a functioning septic system. Seasonal staff for the park commission would inspect about 540 homes each year, with residents required to get the inspection every five years.
Former DEC Commissioner Thomas Jorling, center in gray suit, and lawyers before a hearing at the Appellate Division of the state Supreme Court’s Third Department. Photo by Zachary Matson
This first appeared in Zach’s weekly “Water Line” newsletter. Click here to sign up.
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General inquiries about the Adirondack Almanack should be directed to editor 
Why are we getting re-cycled stories after all of the fundraising to pay for Adk. journalism?
And now fully half the page is advertising so the journalism that we are trying to read is compressed and smaller typeset.
Not a good trend going forward.
Not in your backyard, right Tom.
“further evidence that Adirondack lakes are losing oxygen and could be crossing thresholds dangerous to coldwater fish like trout. Researchers at Cornell and RPI analyzed over 400 lakes around the world, including about a dozen in the Adirondacks, and found that as temperatures warm, lakes remain stratified for longer and lose more oxygen in the depths. Shallow Adirondack lakes may be most sensitive to oxygen loss in the coming decades, threatening the health of trout populations.”
Science! It used to be a thing we put much mind-work, consideration, and thought into; and then along came an explosive population, corporations, self-interests and an excessive desire for more.
Don’t forget the exponential increase in the “do you’re own research” crowd, Charlie. Social media “likes” have replaced diplomas and empirical research in our society. The calculated death of expertise that allows ideologies to froth their base with denialism makes science anathema to the mob.
Jorling is correct in requesting the carrying capacity of Adirondack lakes be established before major expansions of marinas and other improvements are made to further motorized watercraft on state waters.
70 years ago when there were over 100 tent platform camps on Lower and Middle Saranac Lakes the waters saw far more boat traffic than are seen today. On beautiful summer weekends there are as many canoes and kayaks as power boats. Often I would count less than 20 boats on the Lower Lake.
There is no congestion or problem here except for the 3 litigative NIMBYs like Tom Jorling.
I agree with Todd Eastman. Lets PLEASE listen to the science!!!
The SLMP does not apply to private projects. Change the law if you don’t like it or think there is a problem or a scientific reason to change it. This is a waste of taxpayers money.
This is not about “science” it is about the law.
Impacts from private development are within the APA’s scope. The DEC also has an obligation to use science to manage state waters.
“Social media “likes” have replaced diplomas and empirical research in our society. The calculated death of expertise that allows ideologies to froth their base with denialism makes science anathema to the mob.”
Yes thank you Balian! This didn’t just start a few years ago it’s been brewing for more than a few blue moons. Wishful thinker me imagines one day a ball of light coming down from the heavens to diffuse streams of a positive spiritual force which bestows upon the race a creative, intellectual, benign energy from whence all souls are enlightened, and which causes all ‘dark’ matter to disappear on a whim.