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Fighting the Good Fight
by WARREN P. REISS
From our efforts to oppose the Bush administration's weakening of key environmental laws to our intervention in the Public Service Commission's proceedings concerning a proposal for two 1,000-megawatt electric trans-mission lines from Albany to New York City, Scenic Hudson and its legal partners continue defending the valley against ill conceived industrial projects and rollbacks of significant environmental programs.
Protecting the Air You Breath
Scenic Hudson was a co-plaintiff, represented by The Clean Air Task Force, in a federal court challenge to the Bush administration's proposed regulations that, if implemented, would eviscerate New Source Review (NSR) rules. The new rules would drastically weaken the Clean Air Act requirement that old power plants install state-of-the-art pollution controls when they make physical changes to their facilities. In a surprise Christmas Eve ruling, the U.S. Court of Appeals for the D.C. Circuit agreed with our petition - filed in parallel with New York State Attorney General Eliot Spitzer and other parties - and issued a "stay" of the NSR rules while our court challenge is heard.
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Not So Fast SLC
Scenic Hudson, with the Hudson Valley Preservation Coalition and Friends of Hudson, scored a major victory when DEC administrative law judges presiding over the St. Lawrence Cement Co.'s (SLC) hearings recommended to the commissioner that the 1,200-acre mine associated with the proposal be "ungrandfathered" and subject to full environmental review. We are awaiting the commissioner's ruling on this and numerous other matters tied to this proposed coal-fired cement complex.
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Time Spent on Mine Issue Yields Results
After nearly eight years of litigation, administrative proceedings and negotiations, Scenic Hudson has brought about major changes at Thalle Quarry, operating in the Town of Fishkill, Dutchess County. Changes we sought are now incorporated in the DEC's draft permit for the mine. These include a reduction in the proposed expansion as well as major improvements for mitigating visual and noise impacts. These were of particular concern because the quarry is directly across the valley from our 1,500-acre Fishkill Ridge Conservation Area. We commend Thalle for its cooperative approach.
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Precedent Setting Haverstraw Bay Outcome
Scenic Hudson provided testimony in support of Gov. George E. Pataki's denial of the Millennium Pipeline's crossing of the Hudson River at Haverstraw Bay. The Department of Commerce upheld the denial based on the project's potential to violate coastal rules and policies - an important precedent for SLC's proposal and others along the river.
Warren P. Reiss, Scenic Hudson's general counsel, is an attorney with 23 years experience. He is a former NYS DEC counsel.
Scenic Hudson and its legal partners continue defending the valley against ill-conceived industrial projects.
Related Links
 •  Cement Plant Opposition
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