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Village of Lansing trustees voted Monday to rescind their support of an Article 78 lawsuit to be filed against the New York State Department of Environmental Conservation (DEC) by Cayuga Lake Environmental Action Now (CLEAN).  The Trustees voted two weeks previously to lend its name to the proceeding when Ronny Hardaway called on fellow Trustees to add their support to that of other nearby communities.  The suit challenges a permit granted for Cargill's new 2,500 foot deep Cayuga Salt Mine mine shaft that clears the way for the project to move forward.

In the October 2nd meeting Hardaway argued that an Environmental Impact Study (EIS) had not been conducted.  He said the lawsuit, if successful, would force the DEC to revoke a permit unless an EIS shows the project does not threaten the lake.  Board members were split on the issue, with some expressing surprise when it was raised at the end of the meeting usually reserved for Trustee reports.  Mayor Donal Hartill abstained from the vote, saying he felt 'blindsided' by Hardaway.  Trustee John O'Neill voted against supporting the lawsuit, but Trustees Gerry Monaghan and Pat O'Rourke joined with Hardaway to pass the resolution.  However, at the Board of Trustees regular Thursday lunch meeting, the Board rescinded their vote.

Trustees wanted to hear both sides before deciding, so they invited Cargill Mine Manager Shawn Wilczynski and CLEAN activist John Dennis to attend the Thursday meeting to present their cases.  Wilczynski said the trustees were the only municipal board that had reached out to the mine when deciding whether or not to support the Article 78 procedure.  He outlined CLEAN accusations and DEC responses, and explained the process and level of oversite the Lansing mine is subject to.  he concluded that he believes the DEC, as lead agency, "has fulfilled their important obligation for environmental review and hope that Cargill can soon move forward with a project that is critical to the safety and health of their employees."

"I felt it was important to inform or remind you the DEC, as lead agency for environmental oversite, has been involved with the process the entire time," he wrote to Village officials in a summary of the meeting.  "The DEC mining permit requires Cargill to submit an annual report on mining conditions, plans, and stability.  Mine stability data is sent to JT Boyd for their independent geotechnical review by Dr. Vincent Scovazzo.  I am not aware of other industries that are subject to annual/continuous DEC oversite."

Hardaway requested that all emails relative to supporting the lawsuit since the October 2nd meeting be officially entered into the minutes.  After two hours, the Board voted 4 (Hartill, O'Neill, Monaghan, and O'Rourke) to 1 (Hardaway) to rescind the October 2nd vote, with the understanding that it would be brought up again at Monday's meeting.

In the first vote Hardaway had argued strongly for voting quickly because adding the Village to the lawsuit after it was already filed would be problematic.  As of this Monday's meeting the Article 78 procedure had not been filed.

"They all felt pressured," says Village Clerk Jodi Dake.

Only a few people attended that meeting.  Dennis was there, as well as Cornell Professor of Geology Larry Cathles, who has refuted CLEAN's claims publicly, and  in letters to Governor Andrew Cuomo.  Wilczynski was unable to attend, because the Town of Lansing Planning Board was holding a public hearing on the surface site plan for the shaft project at the same time.

"Time-tested procedures are being followed," Cathles told the Board.  "CLEAN’s suite lacks scientific substance and is polarizing because it accuses multiple parties of incompetence, misfeasance, or worse. The Cargill mine will be best overseen if the various levels of government work together and community discussion is non-threatening, inclusive, fair, balanced, and respectful. No good can come from suing the NYSDEC."

The Board voted 3 (Hartill, O'Neill, and O'Rourke) to 2 (Hardaway and Monaghan) to not support the CLEAN lawsuit.

Across Town the Town Planning Board held a public hearing on the surface portion of the shaft project (click here for story).  Four structures resembling farm buildings are planned to disguise the industrial equipment, including the shaft head and hoist mechanism for the 2,500 foot deep shaft.  The Planning Board seems poised to recommend the site plan to the Town Board at its next meeting with the one caveat that it wants to reinforce Cargill’s intention to never use the shaft to bring rock salt product to the surface.

"I am disappointed that the Village Board of Trustees voted against joining the Article 78 lawsuit against New York State's DEC, but I was pleased that the board allowed, and listened to, the positions and concerns from both sides of this important issue," hardaway said. "This was a great learning opportunity for everyone involved. I hope that Cargill listened too, and will become more forthcoming with information to reassure local residents that its operations pose no threat to our lake and its surrounding environment."

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