Casino progress delayed by lawsuit

Environmental groups reach agreement with government lawyers

By FRITZ MAYER

MONTICELLO, NY — The decision about whether the proposed casino at Monticello Raceway can move forward will have to wait until a lawsuit regarding environmental review is settled.

The National Resource Defense Council (NRDC) released a statement on April 20, which said that their legal team had come to an agreement with attorneys from the U.S. Justice Department.

The NRDC and three other groups sued the Bureau of Indian Affairs (BIA) on February 13. The environmental groups charged that the BIA improperly accepted an environmental assessment of the casino as sufficient in determining impacts on the community, rather than requiring the developer to complete a more rigorous environmental impact statement.

“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 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.”

The government further indicated in court papers that Interior Department Secretary Dirk Kempthorne has not yet made a final decision on whether to actually approve taking about 29 acres of land into trust for the St. Regis Mohawk Tribe¾a move that is necessary if the casino is to become a reality.

The agreement puts off any decision on the fate of the casino until at least October of this year, but that timeframe could be extended if the lawsuit against the BIA takes longer than six months.

St. Regis Mohawk Tribal Chief Lorraine White dismissed the agreement. “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. “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.”

Judge Charles L. Brieant of the U.S. District Court, Southern District of New York, endorsed the agreement, which was signed 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 NRDC.

The two sides also agreed to allow the St. Regis Mohawk Tribe and Empire Resorts, the company that will operate the casino for the tribe, to intervene in the case.

Dave Hanlon, president of Empire Resort, said the agreement is actually a positive development. “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,” he said.

Plans for the half-billion-dollar facility, to be built by Empire Resorts, include 766,000 square feet of floor area¾equivalent to roughly 13 football fields¾4,200 casino gambling positions, a 600-seat theater and a parking lot for 4,800 cars and buses. Nearly six million visitors a year are projected.