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Different court again halts DEC tree cutting for snowmobile trail

A justice from the Appellate Division of the state court system has halted tree cutting by the state Department of Environmental Conservation for another 10 days at least.

Protect the Adirondacks had filed a lawsuit against the DEC for tree cutting that was occurring on a community connector snowmobile trail in the central Adirondacks. The environmental group had argued that the cutting was in violation of state law, and a previous decision had halted it for about a month this summer.

That prohibition on cutting on the trail, which varies in width from 9 to 12 feet, was lifted by a decision by the state Supreme Court a week-and-a-half ago.

The decision today again puts a temporary stay on the DEC and prohibits any further tree cutting until at least 10 days from now, when the Appellate court decides whether to issue a preliminary injunction against the state.

The trail is part of a snowmobile trail network and runs between Newcomb and Minerva.

The first stay was issued in mid July and halted cutting on the 6.5-mile trail. Protect had argued that the DEC would cut more than 7,000 trees during the course of the work and claimed this constituted a significant take of lumber from the state Forest Preserve. Therefore, the group said, building the trail would be illegal.

However, Protect had hired its own consultant to count the number of trees that would be cut. On Aug. 9, the Supreme Court ruled against Protect’s argument and lifted the stay on cutting. The DEC says only stems 3 inches in diameter or greater should be counted as trees, and claimed far fewer trees would be cut.

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