Environ. Findings For Fjord Trail Challenged in Court

By Holly Crocco

Separate Article 78 proceedings were filed last week challenging findings determined under the State Environmental Quality Review Act conducted by the New York State Office of Parks, Recreation & Historic Preservation for the Hudson Highlands Fjord Trail project, which basically say there will be little to no impact on the environmental, social, or fiscal health, and character of the communities the project will encompass.

On May 19, Protect the Highlands and four residents of Cold Spring filed joint proceedings, as did the Village of Cold Spring and the Town of Philipstown. Putnam County declined to join the town and village in the lawsuit.

Protect the Highlands is a grassroots coalition based in Cold Spring that was formed in response to the Fjord Trail project, which is a proposed 7.5-mile-long publicly accessible linear park that would serve as a shared-use pedestrian and bicycle trail. It would run along the eastern shore of the Hudson River between the City of Beacon and Cold Spring. State Parks served as the lead agency for the SEQRA. 

The project is being advanced by Hudson Highlands Fjord Trail, Inc., a subsidiary of Scenic Hudson.

The lawsuits, filed as Article 78 proceedings in New York State Supreme Court, challenges State Parks’ acceptance of the final generic environmental impact statement for the project, stating that the agency failed to identify and mitigate the adverse effects of the project, including harm to the environment, increased traffic, and more.

According to Protect the Highlands, State Parks’ own projections indicate the project would draw up to 268,000 new visitors annually to the area – bringing total annual visitation to as many as 1 million people.

“The state had an obligation to honestly evaluate the impacts of this project on our communities and our environment,” said Dave Merandy, president of Protect the Highlands. “Instead, it rubber-stamped a flawed review that ignored the concerns of the people who live here… We are not opposed to improving trail access or pedestrian safety. We are opposed to a project that sacrifices the very things that make this place worth visiting.”

During the May 20 Cold Spring Village Board meeting, Mayor Kathleen Foley said the village is taking the action because it is the only avenue by which it can challenge the determination of State Parks. The proceedings ask a judge to decide, based on public record, whether the SEQRA determination made is correct, or whether it is flawed, incomplete, or “arbitrary and capricious.”

“It is the only legal pathway forward” for the village, said Foley. “That’s how the system works. It’s the option we have.”

The judge can essentially make one of three determinations: they can conclude that the environmental review was thorough and proper, in which case the project moves forward as is; they can conclude that parts of the review are flawed, in which case the project sponsor would have to redo those parts; or they can determine that the entire review is insufficient and flawed, in which case the project sponsor would have to go back to the drawing board.

What the outcome of the Article 78 will not do, is stop the project.

“It is our job to note that a project might be a great idea, but we have to ask how it will be paid for and how it will impact life in the village,” said Foley. “We would be delinquent in our duties if we did not challenge the findings of New York State Parks in the SEQRA… I can say with certainty that even if every resident in this village stated their unconditional support for the Fjord project, this board would still be asking fiscal, environmental, and quality-of-life questions.”

Village Board Trustee Andrew Hall likened the filing of an Article 78 to a homebuyer conducting an inspection on a desired property, calling the proceedings “the only option open to the village at this point,” since the village disagrees with the SEQRA determination.

The Philipstown Town Board voted earlier in May to join the village in filing the proceedings.

“We are not seeking to stop the Fjord Trail, simply to rectify the shortcomings of the findings statement and related FGEIS, and require mitigation measures for our communities,” said Supervisor John Van Tassel. “The Fjord Trail should also be subject to local land use review by our zoning, planning, and conservation boards.”

While the local municipalities are unwavering in their belief that the environmental review needs another look, the county declined to join them in filing the Article 78.

During the Putnam Legislature’s May 13 Protective Services Committee meeting, Legislator Tommy Regan, R-Brewster, said the county executive’s office sent a letter to the body two days prior, requesting that the county join the lawsuit.

“This committee has not been provided with any of the proposed Article 78 draft petitions, any underlying proceedings… We have not seen or read the expansive final environmental impact statements for which this lawsuit is based on,” he said. “We don’t have any cost estimates, we don’t have any litigation documentation for us to review.”

Following the filings, Peter Mullan, president and CEO of Hudson Highlands Fjord Trail, Inc., called the lawsuits “baseless and wasteful.”

“The reality, which is well known to all stakeholders, is that the Fjord Trail has undergone extensive review under SEQRA, with State Parks acting as the lead agency. It has also been subject to years of public input from environmental experts, other state agencies, community members, and municipal authorities. We are confident in the diligence and rigor of the environmental review process in accordance with SEQRA, and we will continue to be a collaborative partner with our community and the State of New York.”

While the nay-sayers are speaking up on the issue, there are also many who support the project.

Paul Thompson, co-founder of Philipstown Advocates for Trails, said his organization is satisfied with the results of the environmental review process for the Fjord Trail.

“Protect the Highlands represents a loud minority of the Philipstown community that are opposed to the Fjord Trail,” he said. “Meantime, Philipstown Advocates for Trails is made up of local residents who support the trail. We are raising our voice and urge the village and town municipal leaders to work with, not against HHFT to ensure the trail adequately addresses the concerns and preferences of local people.” 

Putnam County Legislator Nancy Montgomery, D-Philipstown, said the project has been thoroughly vetted.

“As the only representative from county government who has had a seat at the table throughout this process, I have seen firsthand the years of planning, public engagement, environmental review, and collaboration that shaped this project,” she said. “I continue to believe many residents support thoughtful investments in public safety, environmental protection, and managed access along this corridor, even if those voices are not always being heard by local leaders.”

Philipstown Town Councilperson Judy Farrell was the only town board member to vote against the filing. 

“I know the town and the village are stretched for funding,” she said. “We have a lot of infrastructure needs… Spending money on lawyers and consultants when we have other needs in the town and village is really concerning to me.”