Casino news source: Mid-Hudson News - http://www.midhudsonnews.com
Federal casino approval is stalled by court action
New York - In a move that will delay any final decision to approve the proposed Monticello Raceway casino, the U.S. government agreed this week that a decision must first be reached on the adequacy of the Interior Department’s assessment of the $500 million casino’s environmental impact on surrounding communities before the department would be allowed to take the land into trust.
A consortium, led by the Natural Resources Defense League, filed a lawsuit in federal court earlier this year seeking to have a full environmental review conducted before any final approval is granted by the federal government.
“All along, our coalition has called for a full environmental review, establishing how this casino project would forever alter the quality of life for Catskill citizens, before any final decision can be made,” said Kate Sinding, a senior attorney for the NRDC. “We’re pleased that we now have an agreement that will ensure that the court will have ample opportunity to review our claim, assuming the federal government even decides to move forward with this short-sighted proposal.”
“Lawsuits and what we would view as frivolous releases cannot confuse the facts: the St. Regis Mohawk Casino at Monticello Raceway is overwhelmingly supported by the people of Sullivan County and elected officials at all levels,” said St. Regis Mohawk Tribal Chief Lorraine White. “The environmental review was complete, thorough, and detailed; it met Federal and State requirements and disclosed all anticipated consequences of the casino. Based on this analysis, the casino remains one of the most important priorities in the county and the state, and we look forward to the final administrative approval being obtained soon.”
According to the agreement among the parties to the lawsuit, the U.S. District Court must hear and rule on this case before U.S. Interior Department Secretary Kempthorne will be allowed to take the land into trust to allow the construction of the casino complex.
The government also indicated in the court papers that Interior Department Secretary Kempthorne has not yet made a final decision on whether to actually approve the 29 acres land transfer for the Monticello Raceway casino. The land would have to be placed in trust for the St. Regis Mohawk Tribe.
The agreement will last for at least six months with an option to extend longer, which means that any final decisions on the proposed development project will likely be delayed until fall 2007 or later, the NRDC said.
Judge Charles Brieant of the U.S. District Court, Southern District of New York, endorsed the agreement, which was signed on Wednesday by lawyers for the federal government and the four groups that have challenged the environmental review - the Sullivan County Farm Bureau, Orange Environment, the Catskill Center for Conservation and the NRDC.
The government and the conservation and community groups also agreed on Wednesday to allow the St. Regis Mohawk Tribe and Empire Resorts to intervene in the case.
"We are proud to be able to stand up in court to defend our record of environmental compliance," said Barbara Lazore, Tribal Chief of the St. Regis Mohawk Tribe. "Our commitment to environmental protection and preservation is reflected in the detailed Environmental Assessment prepared by the federal government, the Environmental Impact Statement prepared by the Village of Monticello under state law, and in the full administrative record. We are confident this robust record of environmental review will be upheld in all respects by the federal district court."
The expedited conduct of the litigation is an “extremely positive development,” according to Dave Hanlon, president of Empire Resort. "All too often, delay is the best friend of obstructionist litigants like the NRDC. By filing their case, the NRDC is trying to impede the effort of a Tribe to become economically self-sufficient. Getting an agreement to move forward quickly in this case takes away a huge element of uncertainty and preserves the opportunity for the Tribe to create thousands of jobs for the community and contribute to the desperately-needed revitalization of the Catskills region.” |
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