Standing Firm In Difficult Times: Fishkill Ridge Community Heritage Update Report
RE: Thalle Mine Expansion

“Based on the information provided in the Wolf, Caprio, LaGoy and McGowan affidavits, it is my opinion that there is a reasonably high probability of the occurrence of one or more active den sites representing a viable timber rattlesnake population in the vicinity of the Thalle quarry.”
- Quoted from the signed affidavit of Dr. William Brown, renowned herpetologist, in his statement submitted to Judge Edward L. Burhmaster concerning the Thalle Industries 29 acre mine expansion application.

"The Nation behaves well if it treats the natural resources as assets which it must turn over to the next generation increased and not impaired in value."
- Theodore Roosevelt, engraved on the wall of the Rotunda at the American Museum of Natural History.

"Every Citizen's Right"

Equality Before the Law:
Equality before the law is central to American justice. In principle, our judicial process is open to all. It is not for sale. The judicial process must never become a special privilege available only to those who can afford it.

The brief submitted by the counsel for Thalle Industries contains a comment that appears to suggest an ordinary citizen's group ought not to be able to afford to participate in legal proceedings concerning Thalle Industries' application.

Preparation seen as abusive:
"Their challenge is obviously well funded,” Thalle counsel states. “FRCH is represented by an experienced environmental counsel and an engineering firm."
- (Kevin J. Brown, Gregory M. Brown, Attorneys for Thalle Industries,Inc., Applicant's Brief In Opposition To Appeal Of Intervener Fishkill Ridge Community Heritage,.page 5)

It's a peculiar statement. The fact that counsel finds this noteworthy is noteworthy in itself. It is especially noteworthy in the context of a legal brief, since the complaint is not that any law has been violated by FRCH. There is only a statement by counsel with the vague implication that his client has been somehow abused by our unexpected, vigorous, and perfectly legal assertion of our rights as citizens.

The simple fact is this: we are not equal before the law. Ordinary citizens get to participate so infrequently that when they do participate on anything approaching a level playing field, it is literally worthy of remark.

In as much as:
Equality before the law is basic to our system of Justice.
Whereas:
Abuses centering on the concept of “standing” wrongfully exclude many from participation in the judicial system.
Whereas:
The expense of appearing in the public interest excludes many from participation in the justice system.
Whereas:
Neither financial inequality nor abuse of issues of standing ought to result in inequality before the law.

Accordingly:
Fishkill Ridge Community Heritage respectfully recommends that the NYSDEC act at once to review its judicial procedures to the end that equality before the law shall be preserved in both principle and in fact.

FRCH Absolutely Opposes Mining In Any Inappropriate Context:
Let there be no confusion on this point: Fishkill Ridge Community Heritage absolutely opposes mining on both sides of Route 9 and anywhere within the physical limits of the historic Continental Army’s Northern Supply Depot.

The geographic boundaries of that hallowed ground extend from the Fishkill Landing (Beacon) Waterfront, following northeastward along the ridge line of the Reading Prong to include the military hospital at the Quaker Meeting House at Quaker Hill (Pawling). This constitutes a Regional Historic Park, encompassing modern daily life as well as the historic past and projected future. Behavior within this park (The Continental Army’s Northern Supply Depot) includes and should be restricted to all the normal nondestructive day-to-day activity one might traditionally find within a city or village. A Regional Historic Park excludes all activity that is harmful or destructive to the people who live there, damaging in any way to their environment or the historic fabric of the place, or inconsistent with good order and appropriate to life and orderly celebration within a respected place of national significance.

We are saying we absolutely do not want mining in our backyard, but there’s more. We’re saying we don’t want mining in your backyard either if your backyard also happens to be a national shrine. We don’t want mining anyplace it disrespects or dishonors the memory or values of those Revolutionary War heroes who died that we might live in freedom.

The Importance of Adjudication:
As previously mentioned, adjudication is a serious matter. Once an issue has been identified for adjudication, certain rules take effect that do not apply during the less formal issues conference. During an issues conference, persons who have important information may hesitate to volunteer what they know for a variety of reasons. Potential witnesses may hesitate to offer testimony that is contrary to the expressed purposes of powerful interests such as the NYSDEC, Scenic Hudson, or Thalle Mine. During the process of adjudication, witnesses can be subpoenaed. Persons who might otherwise feel intimidated may find it easier to testify under the order of a subpoena.

The process of adjudication also allows the cross examination of witnesses. Witnesses cannot be cross-examined during an issues conference. The Administrative Law Judge who presided over our issues conference rendered his legal decision that there were no issues for adjudication. Fishkill Ridge Community Heritage contested the decision and appealed it to the NYSDEC Commissioner Erin Crotty. The Commissioner’s deputy, Carl Johnson, was authorized to make a decision and decided the original decision should stand.

How Important Is It To Mine Here And Now?
Thalle Mine has been hauling “product” away in trucks since 1947 and 40 years from now it will be all used up… forever! That’s what non-renewable means. There are no plans for leaving a reserve and there‘s no need to. This material is available from many sources other than this Thalle owned and DEC/Scenic Hudson supported mine.

Mining is neither a public service, nor a charity, nor is it an investment in the community or in the future. Mining is a business to make money for the owner.

When Thalle Mine opened here in 1947 the land was environmentally sensitive and just as historic as it is today. Since then, the context has changed: population has dramatically increased, information is more readily available and the mine is still here, larger than ever. This is not the first application to expand the mine, nor is it necessarily the last. It’s now 2004 and the last thing needed in the heart of what should be a regional center of tourism and a respected National Shrine is a mine with plans to enlarge!

The first thing a visitor sees upon entering Dutchess County driving north on Route 9 is a gigantic scar rising up the face of the mountain on the right side of the Wiccopee Pass. The scar will rise higher during the next 40 years. When you see it, remember to thank “Scenic” Hudson, Inc. Your tax dollars support their efforts as a not for profit organization in support of expanding Thalle Mine.

We now know many things we didn’t know in 1947. We know the earth is a much smaller place than we thought it was, composed of interrelated ecosystems we depend upon for a quality of life. We depend on our sense of place to provide beauty in our lives. We depend upon this sacred context to remind us of our heritage and to ground our lives in the context of “place.” But first and foremost, we now know the ecosystems are vital to maintaining the delicate balance of the many aspects of nature we need simply to survive.

Why Does It Have To Start With Me?

In fact, there's no need for anyone within the corporate world to be "first." All can and should be governed by the same regulation. Corporations are not charities. They are not public improvement societies. They are in business to make money for their shareholders who then will decide as individuals which charities they personally choose to support with their own money. At the same time, corporations lack conscience and absolutely require external control. Accordingly, it is up to each citizen, working through government, to see to it that the necessary external ethical control of corporations is provided by means of government regulation and active enforcement.

No corporation should receive corporate welfare to offset the added cost of doing business sustainably and ethically. Whatever extra costs there may be must be incorporated into the price of the product and passed on to the consumer as the true cost of production. When the open market finally reflects the true price of doing business, the purchaser rather than government shall decide who will succeed and who will fail.

Some of those associated with Thalle Mine, Scenic Hudson, or the DEC may be completely sympathetic to all the points we raise here in opposition. They may appreciate the destructive nature of mining and the importance of avoiding the desecration of the memory of the Revolutionary War Heroes who lie in close proximity to this site. They may entirely understand the importance of protecting a threatened species that’s lived here since the building of the ancient pyramids. Yet even the most sympathetic, understanding Thalle Mine associate might ask, “Why does it have to start with me? Why must I be the first called upon to make the sacrifice? Why should I be the first to set aside my self interest and act in support of the common good?”

The answer is, “You’re not the first. These honored dead whose deeds and continuing presence hallow this spot were the first. You have the distinct honor of being the most recent.”

May we go forth together and prove equal to the challenge of doing the right thing.