On May 31, 2019, the State Supreme Court in Albany County granted the petition of neighbors, civic groups, local government and elected officials, including myself, seeking a preliminary injunction against Sand Land and the State Department of Environmental Conservation (DEC). Specifically, the Court stated, “Sand Land is enjoined, during the pendency of this proceeding, from mining outside the previously permitted Life of the Mine of 31.5 acres to a depth of 160 feet above mean sea level (amsl) as shown on the 2013 Fox Site Plan annexed to the Petition as Exhibit C and from disturbing the overburden in the Stump Dump.” This means that Sand Land is enjoined from proceeding with the horizontal expansion from 31acres to 34 acres and the vertical expansion by 40 feet from 160 amsl to 120 amsl, as agreed to by the State DEC.

In the decision, the Court stated, “Petitioners have demonstrated a probability of success on the merits of their challenge to the settlement agreement and renewal permit…as an unlawful expansion of the mined area...without regard to the notice and procedural requirements of the Environmental Conservation Law.”

The Court also found credible our assertions that mining in this area creates a real threat of additional contamination. The Court stated that we submitted information, “sufficient to demonstrate that there is a danger of irreparable harm.”

Finally, the Court stated, “the balance of equities favors granting of the injunction….petitioners’ submissions are replete with claims of harm if the injunction is denied.”

This is a major victory for the environment, our drinking water, and the community at large. This will permit the neighbors, the civics, and elected officials to make the case to the Court that the expansion of this mine is an illegal threat to the environment without fear of additional harm to our drinking water.

The State DEC got it right the first time in September 2018 when they issued a determination to close the mine. Their decision 6 months later, behind closed doors, to reverse field and permit the expansion of mining was inexplicable. Even worse, the State DEC attempted to deceive the public and elected officials by characterizing the settlement as closing the mine. They never mentioned the 3 acre horizontal expansion and attempted to characterize it as a ministerial change. We thank the Court for enjoining this mistake and maintaining the status quo until the merits can be considered. We are confident that when the merits are considered, the mine will be closed.

The State DEC needs to reconsider its decision again. They need to be on the side of the public, not the polluter. We desire nothing more than to protect our drinking water. That should also be the mission of the State DEC.

The public should be heard. No permit should be granted for expansion. The mine should be closed.