The Court of Appeals affirmed the challenged portion of the order of the Appellate Division affirming Supreme Court's upholding the determination of the New York State Department of Environmental Conservation (DEC) that permits seasonal snowmobile use on an existing roadway on property recently acquired by the state and added to the Adirondack Forest Preserve, holding that DEC did not exceed its authority to approve limited seasonal snowmobile use on the property.
In this N.Y. C.P.L.R. 78 proceeding, Petitioners, environmental groups, argued that the DEC's determination contravened controlling motor vehicle use restrictions in the Adirondack Park State Land Master Plan (Master Plan) and Wild, Scenic and Recreational Rivers System Act (Rivers Act), ECL 15-2701 et seq., and was otherwise irrational. The lower courts disagreed. The Court of Appeals affirmed, holding that the challenged portion of DEC's determination was not irrational, arbitrary and capricious, or contrary to law. View "Adirondack Wild: Friends of the Forest Preserve v. New York State Adirondack Park Agency" on Justia Law
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