What's Happening
From the Times Herald Record
Reprinted by permission of the Author
It's time for Catskill casino backers to admit defeat
By: John L. Barone
January 26, 2008 6:00 AM
You got to know when to hold 'em, know when to fold 'em, Know when to walk away and know when to run.
That's the advice Kenny Rogers' down-on-his-luck gambler gives in his immortal song. And it's the right advice for Catskill casino advocates, who were just dealt a losing hand when the U.S. Department of the Interior rejected applications for two casinos.
After years of speculation, the news dealt a severe, if not fatal, blow to the prospect of casinos in the Catskills. But surprisingly, many casino supporters say they will continue to fight.
It's worth examining the consequences of the federal government's decision to better understand the uphill battle now facing casino supporters.
Theodore Gordon Flyfishers (TGF), an environmental conservation group with a long-standing presence in the Catskills, opposed the Neversink casino for its proposed location along the revered Neversink River, which continues to attract thousands of anglers, hikers and other outdoor enthusiasts every year.
The plan to build a casino at Monticello Raceway without preparing the required environmental impact statement also troubled TGF. (TGF and the author take no position on gambling or whether such projects are economically viable for the region.) Here are the casino proponents' most recent comments:
- We'll take them to court": That's already happened. The St. Regis Mohawk Tribe sued Interior Secretary Kempthorne. The argument: The decision was arbitrary and violates the law.
But federal judges traditionally give great deference to federal decision-makers. They are particularly loath to overturn decisions of this nature, which are based upon sound policy that is politically supported throughout the nation. Even if a court did rule in the tribe's favor, the matter would not be reversed, but rather would be returned to the Interior Department for further review.
Beyond that, an unsettled federal lawsuit charges that the Interior Department neglected to conduct key environmental reviews for the Monticello Raceway proposal. Such litigation would delay construction further.
- "We'll wait for a new administration": Even the most pro-casino president will have a tough time overturning a "final determination" by the Interior Department.
It's unlikely that a new administration would rely upon rejected applications made up mainly of reports conducted in the 1990s, unless the new administration is prepared to face additional lawsuits. More likely, any casino applicant would need to restart from scratch — a process we already know takes years.
- "We'll pass legislation in Congress": While our U.S. senators have power, they are unlikely to convince their colleagues to grant a precedent-setting exemption from Interior Department rule-making, especially to approve fiercely opposed "off-reservation" casinos across the country.
- "We'll pass legislation in Albany": New York state's Constitution bans casino gambling, which is why the federal government had to transfer land into trust for the Catskill casinos.
It would take a constitutional amendment — requiring two yes votes in separate sessions by the state Assembly and Senate, and then a statewide voter referendum — to change New York's gambling rules. If you think the fight so far has been bitter and long, can you imagine the stalemate that attempting to get casino gambling past the Legislature and the state's voters would create?
Theodore Gordon Flyfishers understands the need to address economic development issues in Sullivan County and believes that such development can, and must, be undertaken in a responsible manner that does not jeopardize the natural resources of the Catskills.
We hope that local and state leaders focus instead on the kind of smart, sustainable economic development that the region has long lacked.
In other words, let's deal ourselves a new hand.
John L. Barone is a Director of Theodore Gordon Flyfishers, Inc. and a lawyer.
Belleayre Resort Agreement Announced
A win-win for all parties
We've won a key victory in our drive to defeat casinos in the Catskills!
Last week, the federal government effectively ended the threat of casinos along the fabled Neversink River and at the Monticello Raceway - and we hope this is the end of the foolhardy drive for a Las-Vegas-in-the-Catskills. On Friday, U.S. Interior Secretary Dirk Kempthorne made a final administrative decision to reject these two pending Catskill applications, along with about more than a dozen other "off-reservation" casino proposals around the country.
Officially, Kempthorne rejected these Catskills applications because he said the casinos would be too far from the sponsoring Indian tribal reservations (350 miles for Monticello and more than 1,000 miles for the Neversink). But there is no doubt that our NEPA lawsuit and our three years of other environmental work - including in no small measure the coalition sign-on letters you joined - played a key role in killing the Catskills proposals. We thank you very much for joining with us throughout this campaign. Your support made a huge difference.
In the coming months, Catskills casino boosters say they still will try to win approval for these projects, first by suing the Interior Department to reverse its determination. Indeed, a lawsuit was filed this week by the St. Regis Mohawk tribe challenging the decision on the Monticello Raceway proposal. Our legal analysis shows that it is very unlikely that the federal courts would overturn a final decision of this nature, given the broad discretion afforded the Interior Secretary to grant or deny trust land applications. We would be happy to provide you with more details on whether this suit will succeed.
Should the litigation fail, casino supporters may continue their efforts to build in the Catskills either by waiting for a new presidential administration or by going to Congress. Both of these options face similarly uphill battles. Any application before a new administration would have to start from the beginning, which would take years to go through the proper reviews. And there does not appear to be any appetite in Congress for approving casinos and thereby overriding the Interior Department's decision-making process.
Our next battle: winning approval for a new approach in 2008 -- one that will advance sustainable, smart planning rather than mega-projects that do not fit in with the Catskills landscape -- from officials at the local level, in Albany and in Washington. Together, we've won a victory that will help preserve the southern Catskills and save it from traffic, air pollution and sprawl.
Again, thank you very much. We will keep you posted on any next steps.
After an almost eight-year battle over the outcome of the Belleayre
Resort and some of the most environmentally sensitive land in New York
State, Gov. Eliot Spitzer announced an agreement today to allow an
Crossroads Ventures to build a resort with two hotels, a golf course and
259 residences within 20 miles of two of New York City's largest
reservoirs.
The project is substantially less significant than the developer's
original plan, which would have extended over nearly 2,000 acres of
principal watershed woodlands.
The modified proposal has won the support of New York City officials
and several local and national environmental groups, including Theodore
Gordon Flyfishers, Inc., which had long opposed the original plan because
of its environmental impact in the Catskills.
"This project will simultaneously revitalize the region's economy by
creating hundreds of new jobs and protect the environment through green
buildings, watershed protection and land preservation," Governor Spitzer
said in a statement released today. "I thank all the parties who came to
the table and accomplished great things for the Catskills."
Under the agreement, the developer must confine all construction to 620
acres on the western side of his land and to sell most of the eastern
portion - more than 1,200 acres of pristine forest - to the Trust for
Public Land, a national nonprofit organization, for about $14 million. The
trust would then sell the land back to the state, and it would become
protected forest preserve. Dean Gitter, the developer, also agreed to
lessen the environmental damage by not building on steep slopes, by
concentrating all structures within a compact area and by not using
chemical fertilizers or pesticides on the golf course.
Eric A. Goldstein, a senior lawyer for the Natural Resources Defense
Council, an environmental group that helped draft the agreement, called
the smaller development proposal "infinitely more sensible and
environmentally sensitive than the one unveiled seven years ago." "In a
perfect world, we wouldn't have any construction on forested lands that
drain into the nation's largest unfiltered water supply," he added. "This
is not a perfect solution, but it's a shot of adrenaline for watershed
protection and smart growth."
The resort, called the Belleayre Resorts at Catskill Park, will be
built on the western edge of the state-run Belleayre Mountain Ski Center.
The state has said it will expand and modernize the center, including
restoring the adjacent Highmount ski area, which will be bought from Mr.
Gitter.
The state has committed to extending a ski trail from the existing
slopes at Belleayre to the new resort, enhancing the project's
attractiveness for skiers. And New York City agreed to allow the entire
development to hook up to an underused sewage treatment plant run by the
city in nearby Pine Hill.
In exchange, Mr. Gitter had to forgo all development in the more
environmentally sensitive eastern portion of his holdings, where storm
water would run into the nearby Ashokan Reservoir. He has eliminated a
golf course, reduced the number of housing units by 30%, hotel rooms by
7.5% and miles of new road by 60%. "Did I get everything I wanted? No,"
said Mr. Gitter. "Did I enjoy every minute of the legal process? No. But
the result is an extremely positive move for the area, and I can live with
it."
The proposed development site sits at the summit of a mountain ridge
that drains on the east into Ulster County and the Ashokan Reservoir and
on the west into Delaware County and the Pepacton Reservoir. Those two
bodies of water are important parts of New York City's vast water supply
system, which provides drinking water for the city's eight million
residents and for one million more people in communities along the way.
Emily Lloyd, commissioner of the city's Department of Environmental
Protection, which runs the water system, said the development plan
provided adequate protection for the city's water, while also allowing the
kind of economic growth that the city promised local communities in a 1997
agreement.
I don't think the agreement really opens the way for large-scale
development in the watershed," Ms. Lloyd said. "But it does say that
working together we can recognize what does and does not adversely affect
our water." Crossroads Ventures expects to break ground next fall and open
the hotels in late 2010.
Tom Alworth, executive director of the Catskill Center for Conservation
and Development, a private group, said some local residents, even some
local environmental groups, might not embrace the compromise development
agreement. But he said that after seven years of conflict, it was "a
victory for both the environment and for the local economy."