Copyright 2000 The Hearst Corporation
The Times Union (Albany, NY)
October 25, 2000, Wednesday, THREE STAR EDITION
SECTION: CAPITAL REGION, Pg. B5
Residents win last round in mining fight
By: MICHELE MORGAN BOLTON; Staff writer
East Nassau Court of Appeals decides against hearing appeal of state permit rejection
The state's highest court closed the door Tuesday on a mining company's request to appeal the state Department of Environmental Conservation decision denying it permission to mine Snake Mountain.
The Court of Appeals ruling rejecting the request appears to be the final chapter in an eight-year struggle over whether Lane Construction has the right to operate the 119-acre hard rock quarry in the rural village.
DEC Deputy Commissioner Peter Duncan's landmark 1998 decision denying the mining permit based on visual impact crushed the company's 150-year plan to operate the mine, located near the Kinderhook Creek.
"We're obviously very pleased that the court agreed with our ruling," said DEC spokeswoman Jennifer Post. "We heard the concerns of the community and acted in the best interest of the environment."
Lane attorney Jim Potter, conversely, said the ruling was disappointing.
"The DEC decision has created a dangerous precedent, which could significantly hinder growth and development in New York state for all building and development projects," Potter said.
Nassau Union of Concerned Citizens president Bob Henrickson, who helped form the Village of East Nassau to, in part, fight the mining proposal, said he was floating on air.
"Once again it comes back to what I've always believed that if you get involved in a fight like this and stay with it, you can change your world," Henrickson said. "Lane has not been an easy opponent."
Rensselaer County Legislator Margaret Van Deusen, a Nassau Republican, pointed to the time and energy residents had expended battling the corporate giant.
"It appears today they are finally victors," she said.
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