  Fishkill
Ridge Community Heritage
14 Clove Road
Fishkill, New York, 12524
Subject: Update from Fishkill Ridge Community Heritage: What
We’re Doing and Why We’re Doing It
Dear Friends,
Our warmest greetings to you all!
In his youth George Washington kept a copybook. Into this book
he copied the 110 precepts titled “Rules of Civility.”
The last precept summarizes the previous 109 in a single sentence
and provides an appropriate opening for our update:
“110. Labour to keep alive in your breast that little spark
of celestial fire called conscience.”
Acting in response to that “little spark of celestial fire,”
we continue to oppose the expansion of Thalle Mine. The unique
ecosystem of the Fishkill Ridge has been seriously damaged by
human activity. This ecosystem isn’t special just because
of the snakes. The fact that the snakes are present only underscores
how unique that ecosystem is. Human activity continues to present
the most constant and immediate threat to the interconnected web
of existence within the Fishkill Ridge community, from the eagles
above to the microbes below and everything between, including
minerals, air, water, humans and snakes as well.
It’s said that things should be as simple as possible,
but not simpler. It was necessary to simplify our position in
order to participate in the legal process. Our previously expressed
concerns regarding threats to the ecosystem have been reduced
to a single, overly simplistic issue: the threat the proposed
expansion of the Thalle Mine presents to the Eastern Timber Rattlesnake
and its habitat. In reality, there’s a lot more at stake.
Action is part of our Community Heritage:
All tradition is change. What we do today has its origins in
the past, and will influence the future. True to our heritage,
we are vigorous in our advocacy of American values as they have
been handed down to us here in the Hudson River Valley and preserved
in the form of ethics, customs, laws, and traditions.
Accordingly, Fishkill Ridge Community Heritage is presently engaged
in six issues related to the Thalle Mine permitting process:
1. Defense of a unique ecosystem and a threatened species.
2. Equal justice before the law. (Even the poorest of the poor
should not be excluded from participation in our legal process.)
3. The inappropriate separation between “Law” on one
side and “Justice” (sometimes called “ethics”
or “morality”) on the other.
4. The right of every American citizen to a clean and safe environment.
All Americans should be recognized as having “standing”
in issues such as the environment that involve every citizen as
a stakeholder.
5. The contradictory and questionable role of Scenic Hudson’s
conduct in the matter of the Thalle Mine expansion.
6. Support for the DEC, an agency in trouble. ( Working to help
define and resolve the problems presented by the fact that the
DEC, a necessary government agency, is overextended, understaffed,
under funded, and charged with conflicting mandates. This should
include a review of the DEC’s mandate to supervise mining
while promoting the economic development and expansion of the
mining industry, a clear conflict of interest.)
In Conclusion:
Out of respect for your busy schedules we have attempted to keep
this overview statement brief. We hope this presentation may inspire
you to participate with us as we continue to explore these and
other issues.
For further discussion of these issues and links to in-depth
background information, we recommend a visit to our website: www.fishkillridgecommunityheritage.org
We always look forward to conversations regarding issues of interest
to you and will be happy to hear from you. We can be reached at:
845-485-7864 Please leave your name and phone number, including
a message if you wish, and we will return your call.
Some aspects of these topics are best discussed face to face.
We will do our best to accommodate meetings with groups or individuals.
We can also be available to groups for presentations regarding
these or other topics. We’d welcome your invitation.
Sincerely,
Ann Margarette LaGoy,
President, Fishkill Ridge Community Heritage
1. Defense of a threatened species.
During the issues conference, FRCH presented expert opinion
to indicate the proposed mine expansion would present a threat
to the Eastern Timber Rattlesnake and that proper investigation
would show the Timber Rattlesnake to be on the property in question.
One would expect this to be the case, since Thalle Mine falls
within the rattlesnake’s two and a half mile radius of travel
from known inhabited dens. In fact the DEC and Scenic Hudson worked
together to prevent Sour Mountain Realty from mining within that
known denning area, and in surrounding areas where dens and snakes
can reasonably be presumed to exist.
Not everyone agrees with us. As one might expect, Thalle Mine
supports its own proposal. The real surprise is that the Department
of Environmental Conservation, Scenic Hudson, and the Fishkill
Ridge Caretakers also support the mine expansion. Scenic Hudson
appears oblivious to the real importance of the irreplaceable
ecosystem. Scenic Hudson actually recommended that Thalle Mine
rewrite their petition to enlarge the area of expansion! Needless
to say, Thalle Mine obliged and we were imposed upon to these
accept last minute changes with little opportunity for reflection.
Scenic Hudson claims their requested expansion of the area to
be mined is necessary for the beautification process.
No mining company should be operating at the expense of the Timber
Rattlesnake. At the time the Sour Mountain mine proposal was under
consideration, Jay Montfort complained that Thalle Mine wasn’t
being held to the same standard his Sour Mountain Realty company
was. In retrospect, he was correct.
We believe the ruling made by the Administrative Law Judge as
a result of the issues conference is in error. We have submitted
an appeal of that ruling to DEC Commissioner Erin Crotty. Our
appeal maintains the issues we have raised during the issues conference
in regard to the threat the proposed expansion poses to the Eastern
Timber Rattlesnake are appropriate issues for adjudication.
We presently await Commissioner Crotty’s ruling.
2. The issue of equal justice before the law.
FRCH believes it’s important to defend the right of every
citizen to equal justice before the law. No one should be excluded
from access to our legal system simply because they can’t
afford to participate or lack power or prestige. None should be
denied, excluded, or turned away. Our legal system is for every
citizen.
3. The issue of the inappropriate separation of law and ethics.
Traditionally, Americans, especially people in the Hudson River
Valley, expect Justice when they come to court. That’s why
it is important to understand that Justice is not the same as
Law.
“Justice” is defined by what we consider “right”
and “wrong” in our society. The element of “luck”
looms large in life. Luck is not fair. Often the most deserving
are the greatest losers. In our view, the entire purpose of Justice
is to do what can be done to level the playing field, to provide
some measure of fairness and balance to those who have been the
victims of indifferent fortune.
We are absolutely dependent on our code of law to administer
justice. Our law is based on statutes established by legislature.
Statutes are intended to be something you can depend upon and
are designed to be very hard to change. The law is intended to
eliminate as much as possible of the anger and emotion that might
otherwise enter a legal proceeding. It’s a method that provides
an important alternative to the use of force and bloodshed. Part
of the legal method is to deal exclusively with the law and leave
concepts of right and wrong, in other words “ethics,”
at the door when you enter the hearing room.
Fishkill Ridge Community Heritage has a problem with that and
we are far from alone. It is an important part of our heritage
that we do not engage in repetitions of something that doesn’t
work. When something doesn’t work, that’s the moment
to stop doing it and to start doing something else that does.
Ignoring ethics does not work.
Law and ethics should never be separated. Many things can be
legal that are nevertheless wrong. Here within Dutchess County
there was a time when the court would have defended your right
to own another human being. It was legal. It was also wrong.
When law and ethics are in conflict, ethics must always have
priority. The supremacy of ethics in our system of law and justice
constitutes one of the principle differences between a free people
and a totalitarian state.
The struggle to bring justice and morality into legal proceedings
has been ongoing here in the shadow of the Fishkill Ridge. According
to his biographer Robert W. July, Gulian Crommelin Verplanck of
Mount Gulian (in Beacon, N.Y.) made a plea for morality in law
in 1825:
(Gulian Crommelin Verplanck) ”… felt that lawyers
were too often ready to decide cases solely on the basis of precedent
to the detriment of a basic higher moral law and a basic justice,
which, after all, were the ethical foundations of all jurisprudence.”
Robert W. July, “The Essential New Yorker: Gulian Crommelin
Verplanck” Duke University Press, 1951
In previous references to Thalle Mine, we have pointed out that
context matters. In any situation the moral, ethical context is
what matters the most. We can’t simply “mean well”
in dealing with the ecosystems. It is vital to do the right thing
and to give serious thought to what that might be, entirely apart
form considerations of law.
The story of whether or not Justice has prevailed here is a story
that will be remembered and repeated long after these legal proceedings
have been filed and forgotten. We have done our best to firmly
establish the moral, ethical side of this case. Posterity will
care less for the law than for the quality of our conduct and
our example.
Since our case continues under appeal, it remains to be seen
whether we will prevail in law.
4. The right of every American to a clean and safe environment.
We are concerned for the future of the entire ecosystem, and
both the rattlesnake and the human species are parts of that system.
The Eastern Timber Rattlesnake is protected by law; too much of
its ecosystem is not.
An amendment to the New York State Constitution could protect
our most basic of rights: the right to a clean and safe environment.
The rights of the people to freedom come before the rights of
others to destroy our quality of life essential to the enjoyment
of that freedom. Every citizen has a right to a healthy environment.
Five states, including Hawaii, Illinois, Massachusetts, Montana,
and Pennsylvania, have amended their constitutions to establish
the citizen’s right to a safe and clean environment. The
State of New York, long overdue for a constitutional convention,
should be the sixth, followed by an amendment to the National
Constitution.
5. The contradictory and questionable role of Scenic Hudson’s
conduct in this matter.
As our government has continued to move ever further toward the
right over the past 20 years, it has abandoned many of its responsibilities
to the people in order to favor corporate interests. In this polarized
political climate functions of protection and conservation, including
many responsibilities of the greatly under funded and under staffed
Department of Environmental Conservation, have been assumed by
quasi private not-for-profit groups. Within this context, Scenic
Hudson has become a powerful player.
Previously Scenic Hudson has acted to protect the Eastern Timber
Rattlesnake within a two and a half mile radius of the Thalle
Mine property. Scenic Hudson’s initiatives resulted in the
DEC’s denial of the mining permits necessary to allow Jay
Montfort’s Sour Mountain Realty to open a mine. At the time,
Montfort complained that his company was being held to a higher
standard than Thalle Mine. In retrospect, we see his complaint
was justified.
In order to oppose our position regarding the threat the Thalle
Mine expansion poses to the Eastern Timber Rattlesnake, it has
been necessary for Scenic Hudson to undercut many of the arguments
they themselves raised against the mine a few thousand feet away
proposed by Jay Montfort. Scenic Hudson has also placed itself
in the position of contradicting the expertise of Dr. William
Brown, the same highly respected herpetologist Scenic Hudson employed
to make their case against the mine proposed by Montfort’s
Sour Mountain Realty. Here’s what Dr. Brown had to say regarding
the presence of rattlesnakes in the area of the Thalle Mine:
“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.”
Scenic Hudson is at a point in its history where one would suppose
they need all the credibility they can get. They are deeply involved
in many projects affecting the public common, some of them controversial.
At the Beacon waterfront, they are engaging in activities more
usually associated with a developer than with a land trust. That
leaves us with a question. What could possibly be at issue here
that would lead Scenic Hudson do such damage to its own credibility?
As Scenic Hudson has explained it, the issue as they see it is
largely a matter of working in cooperation with Thalle Mine to
mitigate the visual impact caused by the destruction that occurs
during the mining process. When environmental organizations and
industry work together, it’s seen as a good thing. It’s
called “partnering with industry.” We wish things
were so simple. It’s wonderful to partner with industry,
but only when it’s done ethically. In order to reach the
conclusion to expand the mine while ignoring the timber rattlesnake,
Scenic Hudson has had to overlook the fact that two experts on
the subject of snakes disagree and that this disagreement was
not adjudicated. One would also have to be ignorant of the existence
of a unique ecosystem and unaware that once destroyed, it cannot
be recreated. Scenic Hudson’s suggestion of beautifying
the remains of an ecosystem they have helped to destroy is tantamount
to planting flowers to decorate the grave of someone you’ve
just murdered.
We have attended meetings and rallies in support of Scenic Hudson
and issues they have raised. We have made suggestions in public
forums sponsored by Scenic Hudson. We have observed as those suggestions
were written out in magic marker on large sheets of newsprint
and spirited away at the end of the meeting, like children’s
letters to Santa Clause.
Scenic Hudson directs our attention to the many things they have
done in the Fishkill Ridge area to preserve the rattlesnake and
prevent the massive scale mining planned by Jay Montfort and Sour
Mountain Realty.
Having taken previous good works into consideration, the fact
remains that a sequence of good deeds does not automatically transform
the next deed in the sequence into a good deed.
It’s not that we’re unappreciative or ungrateful
for all Scenic Hudson has done for the community, but that doesn’t
negate the fact that Scenic Hudson remains a private corporation
answerable only to itself. Part of our heritage is the certainty
that ours is a government of, by, and for the people. We know
real citizen participation makes the difference and that‘s
exactly what we insist on doing right here and right now.
6. Support for the DEC, a government agency in trouble
We are presently working to contribute to the definition and
resolution of problems presented by the fact that the DEC, a necessary
government agency, is overextended, understaffed, under funded,
and charged with conflicting mandates. Forthwith, we are calling
for a review of the DEC’s mandate to supervise mining while
promoting the economic development and expansion of the mining
industry, a clear conflict of interest.
We have held from the beginning that the DEC lacks the moral
authority to proceed in this matter stemming in part from its
several conflicts of interest concerning mining and from its evident
inability to integrate law and justice. We contend that whatever
the outcome, the DEC determination will be tainted by that reality.
The DEC is bound by rules that often have little bearing on real
life values and seems not to be informed by “the intent
and spirit of the law” or by the demands of our ecosystems.
Moreover, in its present condition the DEC cannot possibly discharge
its responsibilities. Many of those who cry that government cannot
work are also those who under fund government to assure its failure
in order to provide employment for friends in the private sector.
Even though we know this, we are not discouraged. We also know
our participation in the process enables us to be a more credible
voice in the call for much needed reform.
As citizens, we expect a government charged to execute appropriate
mandates that are fully funded. We will continue to work to send
our elected representatives to legislature to achieve these goals.
We expect full accountability. We do not expect to see work that
should be done by government “privatized” among volunteers
or others who are less accountable to the public by virtue of
being “once removed.” Democracy and representative
government cannot be privatized. We have no doubt that legislative
reform will be necessary and that a long overdue New York State
constitutional convention will be a necessary step in the process.
Scenic Hudson's
role in the Thalle Mine expansion…
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