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Don’t dismiss criticism

September 20, 2012
Adirondack Daily Enterprise

To the editor:

Adirondack Club and Resort sponsor Michael Foxman's recent criticism of Protect the Adirondacks and the Sierra Club (Sept. 14 Letter to the Editor) for our recent assertions about the review and handling of this project by the Adirondack Park Agency rings hollow.

Mr. Foxman dismisses complicated legal arguments and processes to obfuscate the fact that the APA went to enormous and unusual lengths to find a way to approve this project. They supplemented the record with materials that were never part of the public hearing; after 40 years they started describing the APA Law as simply a menu of guidelines and recommendations from which they could pick and choose; required studies, such as on wildlife, were never completed; and much more.

The best, though, is how Mr. Foxman's representatives successfully worked in partnership with the APA in a behind-the-scenes way that none of the other 30-plus parties to the hearing knew anything about.

Here's a snippet from a memo of the ACR attorney reporting back to Mr. Foxman:

"Van Cott called me back at 11 AM to tell me that a second posting of Permits will go on the website today (he thought before 2PM when a phone conference is to take place between Agency members and Martino). All of the changes he, I and Banta had agreed to along with putting paragraph# 30 back to its original language will be reflected in this new posting. He asked that we review those permits intended to be implemented early on and get back to him today with concerns. He offered to meet with me on Sunday if we had our comments together on the whole package so that he could bring them to the attention of Banta and Chairwoman Ulrich first thing Monday morning. I told him I would see what I could coordinate. I have his cell phone number and we arranged to talk again this afternoon (probably after the conference call)."

The issues raised in the lawsuit by Protect and the Sierra Club are serious and important, and deserve to be heard and fully investigated.


Peter Bauer

Executive director

Protect the Adirondacks

Lake George



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