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Appeals court upholds tree-cutting injunction

A mid-level state appeals court has upheld a temporary injunction that prohibits the state Department of Environmental Conservation from cutting additional trees for a community connector snowmobile trail in Essex County.

The State Supreme Court’s Appellate Division, Third Department, granted a motion Friday by the environmental group Protect the Adirondacks, which has challenged DEC’s cutting of trees for a new 9 to 12 foot wide snowmobile trail linking Newcomb and Minerva.

The group says DEC cut over 4,000 trees on a nearly 3-mile section of the trail in the fall of 2015, had recently cut over 1,000 more trees on a new 3-mile section, and was about to cut thousands more trees, including many located in old growth forest habitat.

In an unanimous ruling, the appeals court justices temporarily enjoined DEC from “cutting or otherwise destroying trees in the Adirondack Forest Preserve for the construction of Class II Community Connector snowmobile trails and from otherwise clearing, grading, scraping, excavating or filing the land or otherwise changing the terrain of the Minerva-Newcomb-North Hudson Class II Community Connector snowmobile trail.”

An injunction had been issued last week by an associate justice of the Third Department, pending a June 20 hearing. Friday’s decision upholds the injunction pending a determination by Albany County State Supreme Court.

“Protect the Adirondacks is grateful that the Appellate Division, Third Department acted to uphold an injunction against the Department of Environmental Conservation to prevent more tree cutting on the Forest Preserve,” Peter Bauer, Protect’s executive director, said in a press release. “We believe this level of tree cutting violates the forever wild provision, Article 14, Section 1, of the State Constitution.”

DEC released its plan for the Newcomb-Minerva-North Hudson Community Connector last summer. At the time, it said it planned to begin work on 18 miles of new trail between Newcomb and Minerva, with a completion date of 2018. The Newcomb-North Hudson work was slated to start this year. The entire 40-mile trail system was expected to be done by 2022, although sections of the network would be opened to the public as they’re completed.

DEC officials said new trail would “establish new areas to mountain bike, horseback ride, hike, snowmobile, cross-country ski and snowshoe while linking to amenities found in the communities.”

Local politicians have supported DEC’s efforts. In a press release issued last August, town of Newcomb Supervisor George Canon called the project “a major step toward greater economic benefits for the communities in the five-town hub, especially during the winter months.”

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