Court Rules in Favor of LGA/Waterkeeper Challenge to Herbicide Permits

March 3, 2023

The Lake George Association and Lake George Waterkeeper commend New York State Supreme Court Justice Robert Muller for today’s decision declaring that it was arbitrary and capricious for the Adirondack Park Agency to issue permits for use of the chemical herbicide ProcellaCOR in Lake George without an adjudicatory hearing. This ruling means that any subsequent APA review of applications to apply ProcellaCOR in the Lake must be preceded by such a hearing.

We are grateful for Judge Muller’s detailed and thoughtful ruling, which recognizes the intense public opposition and the great number of outstanding scientific questions regarding the potential adverse impacts of ProcellaCOR on the water, plants and organisms of Lake George.

New York State long ago established that Lake George is deserving of special protections as a Class AA-Special water body and drinking water source, and this decision affirms that special status.

Should the Lake George Park Commission decide to proceed with its ProcellaCOR permit application this season, we look forward to once again participating in the regulatory process and to presenting expert scientific testimony at the adjudicatory hearing to clearly convey and document our many concerns.

The LGA and Waterkeeper are far from alone in this regard. More than 4,600 concerned citizens have signed a petition opposing using the chemical herbicide and three towns in the region of the proposed treatment – Hague, Dresden and Ticonderoga -  have adopted formal resolutions in opposition. In addition, numerous property owners in the proposed areas of chemical treatment have sent letters to the NYSDEC expressing their opposition, and other concerned citizens have sent letters calling on Governor Hochul to table the state’s proposal until the scientific research needed on the chemical’s potential consequences to Lake George has been conducted.

Moving forward, we look forward to continuing our annual partnership and significant annual investment in the Park Commission’s successful and safe mechanical harvesting program.