A few weeks ago, Adirondack Mountain Club (ADK) submitted an amicus brief in Protect the Adirondacks! Inc. v. New York State Department of Environmental Conservation and Adirondack Park Agency, wherein Protect challenged the constitutionality of the state’s decision to cut down thousands of trees while building new snowmobile trails in the Forest Preserve. (I am on the Board of Protect the Adirondacks! and testified as an expert witness in the trial for this litigation. What I am saying here is not endorsed by Protect.)
This litigation began in the Supreme Court in Albany and was appealed to the Appellate Division, where a crucial element of Protect’s interpretation of Article 14, section 1, of the NY Constitution, was upheld. Then the state appealed to the NY Court of Appeals, our highest court, where oral arguments will be heard on March 23. The ruling there will be final and cannot be appealed further, although it’s possible the Court of Appeals could return the matter to the lower courts. This is a historic case and will determine the future of state policy with respect to the Forest Preserve and the viability of wilderness in the Adirondacks.