“We are proud to be associated with Earthjustice and the team at Mintz Levin. John Delehanty and Todd Rosenbaum performed crucial work on behalf of an important cause.”
Dave Gibson
Partner
Adirondack Wild
"I truly respect and appreciate the exemplary work of all at Earthjustice and of John Delehanty and his team at Mintz Levin. Your diligence, professionalism, and spirit for saving our wild places were so beneficial to the Adirondack Park's future."
Dan Plumley
Partner
Adirondack Wild
Stewards Stand Up for the Adirondacks
Under New York's constitution, state land within the Adirondacks must be kept "forever wild." Yet in 2013, New Yorkers approved a ballot proposal to enact a constitutional amendment allowing exploratory drilling in the Jay Mountain area. In exchange for 200 acres of pristine forest to mine wollastonite — a mineral used in industrial ceramics, plastics, paints, and adhesives — NYCO Minerals would give the state land of equal value outside the forest. NYCO also agreed to restore the land to its original condition. The problem? Old-growth trees can't be replaced, and mining would destroy wildlife habitat for generations.
Through New York Lawyers for the Public Interest, a pro bono legal clearinghouse, Mintz Levin attorneys John Delehanty and Todd Rosenbaum agreed to serve as co-counsel with Earthjustice to represent environmental groups seeking to mitigate the ballot vote's outcome. Post-referendum, the State Department of Environmental Conservation and the Adirondack Park Agency planned to allow NYCO to pursue its agenda on an accelerated schedule. With the legal team's help, Adirondack Wild: Friends of the Forest Preserve, Atlantic States Legal Foundation, Protect the Adirondacks, and Sierra Club Atlantic Chapter sued NYCO and the state agencies. The environmental groups wanted to ensure that an impact study was completed and other safeguards implemented prior to drilling.
In July 2014, Mintz Levin and Earthjustice obtained a Temporary Restraining Order delaying tree-cutting, road-building, and any other preparations by NYCO until the court could rule on a preliminary injunction to halt the drilling.
The Mintz Levin team established their clients' legal standing, demonstrating that they would be injured by the drilling, and, with Earthjustice, prepared the preliminary injunction papers. John, Todd, and former Mintz Levin attorney Daniel Woofter researched and drafted briefs on complex constitutional issues and NYCO's and the state's failure to comply with statutes and regulations protecting rare plant, bird, and animal species, the area's old-growth trees, and sensitive environmental features such as vernal pools.
The Temporary Restraining Order remained in effect until October, giving the state agencies time to analyze environmental impacts and place conditions on mining activities. While the environmental groups eventually lost the motion for preliminary injunction, NYCO implemented many of their recommendations. Its revised permit reduced the number of drill sites by half and eliminated a final stage, meaning that fewer roads will be built, fewer trees cut, and less of the wilderness disturbed. In addition, all exploratory drilling will stop for the bird breeding season.
Significant publicity generated by the court challenge has helped the organizations rally support for legislative action. "I cannot overstate our clients' devotion to the Adirondacks and how much work they do on its behalf," John says. He and Todd plan to hike the Adirondacks with them in the near future.