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| 6/30/2009 12:29:00 AM | Email this article • Print this article | Legal team secured by lake group
Heather Nellis
Recorder News Staff
GREAT SACANDAGA LAKE - In anticipation of future proposals to change the Great Sacandaga Lake Access Permit System, the newly-formed Sacandaga Protection Committee has selected law firm Hodgson Russ LLC to identify the rights of the lake community and access permit holders.
Six firms were interviewed, according to SPC co-Chairman Joe Sullivan, but Hodgson Russ was ultimately chosen for its experience in dealing with the Hudson River-Black River Regulating District, state Department of Environmental Conservation, and Adirondack Park Agency.
"[All firms] were capable, but Hodgson Russ had prepared a legal memo that they presented," Sullivan said.
Sullivan said the committee is not looking to begin a lawsuit. They will review the enabling legislation that started HRBRRD, legislation that expanded the authority of the APA to include the GSL, DEC documents, the Wilcox Lake Master Plan, and other information.
"A lot of these references are conflicting," Sullivan said.
Hodgson Russ has offices in Johnstown, Albany, New York City, Buffalo, Palm Beach, Fla., and two sites in Canada. Representatives from the Johnstown branch did not return a phone call for comment Monday.
According to the firm's Web site, their lawyers serve a wide range of clients, including non-profit organizations.
"When governments act - or react - we all feel the results," the Web site reads. "Changes in the law affect both individuals and businesses. Knowing how the process works and having the access to participate in the process provide a distinct advantage. For these reasons, Hodgson Russ maintains a powerful government relations team - to give our clients the knowledge and access they need to make sure their voices are heard when governments act."
This team, the Web site continues, offers extensive knowledge of legislative and regulatory processes and issues and key relationships with government decision makers. The team consults with officials; draft legislation, rules, and regulations; advance proposals through contact with appropriate governmental bodies. It also assists clients by monitoring matters of specific client interest and informing our clients as new issues arise, before decisions are finalized, thereby creating access to the process.
Attorney Jeff Rosenthal, former Amsterdam city attorney from 1991 to 1995, and current state employee, serves on the legal subcommittee. This subcommittee, comprised of three lawyers and four non-lawyers, he said, spent extensive time interviewing the potential firms.
"It felt like an eternity," Rosenthal said. "We met about four times a week for a month."
The subcommittee began their task before HRBRRD's proposed rule changes were withdrawn from Gov. David Paterson's executive chambers earlier in the month.
"When we first commenced, time was an issue," Rosenthal explained. "We were anticipating the potential for needing litigation. Once the rules were withdrawn, then things changed."
While the rule process is no longer ongoing, the committee felt the need to be prepared with representation because they feel the "permit process will be brought back up again," Sullivan said.
HRBRRD Executive Director Glenn LaFave said the board of directors does not plan to initiate a new rule making process at this time, but could in the future.
"We haven't put together an agenda for our next meeting," LaFave said. "I do not anticipate the board will discuss the rules, but there is a section during the meeting called board comments. A board member could discuss anything."
LaFave said the agenda should be complete on or around July 8. The meeting will be held at Northville High School July 14.
In order to raise funds for the lawyers, Sullivan a letter has been drafted asking permit holders to donate money. While there is no monetary target, he's hoping each permit holder will donate $200.
"It will give us a nice war chest in case something happens," he said. "We think something will [happen]. We spell it out in the letter."
In the opinion of the committee, the letter reads, the governor's action halting the permit process was a welcome reprieve, but did not dampen the DEC's determination to continue to press their stated agenda, nor did it address the core legal issues that must be resolved.
Sullivan said the letter was approved by the attorneys Monday, and will be sent out to all 4,500 permit holders as soon as it's done at the printer.
The Fulton County Chamber of Commerce and Industry has agreed to act as a holding cell for the funds. Donations can be sent to: Fulton County Chamber of Commerce, 2 North Main St., Gloversville. Contributions must be marked to Sacandaga Fund.
Visit http://www.lovethesacandaga.com for more information.
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Contact Heather Nellis at heather.nellis@recordernews.com.
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Reader Comments
Posted: Tuesday, June 30, 2009
Article comment by:
Please keep Heather Nellis on every single issue which relates to the SPC activities. She now has a huge advantage over virtually all other reporters since she has educated herself as she worked.
June 29, 2009, yesterday, could be viewed as the greatest single day in the history of the lake because the unification letter was legally approved, authorizing the SPC to bring every permit holder under one aegis. Not since closing the dam has there been a day so historical as 6/29/2009.
Perhaps Heather Nellis might focus another story on that point because never before have all the permittees ever been joined together in a common cause.
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