New York State Attorney General Letitia James has opted not to apply to the Court of Appeals, the state's highest court, to challenge a decision involving the State Department of Environmental Conservation and an embattled Noyac mine, Sand Land.
The State Supreme Court's Appellate Division had sided with the mine's opponents in May in a ruling that effectively annulled the mine's operating permit, granted by the D.E.C. in 2019. State Assemblyman Fred W. Thiele Jr. announced Ms. James's decision on Sept. 22, thanking her for "her courageous and thoughtful decision to put the weight of her office behind the public interest and not the polluter."
"I now call upon the state D.E.C. to immediately close Sand Land," Mr. Thiele said in a statement. "Without a valid permit, there is no legal basis for their continued operation in violation of the Appellate Division decision."
In that round of litigation, the court decided that the D.E.C. had violated local town codes that prohibit mining. Without a valid permit, Sand Land, a pre-existing, non-conforming business on Middle Line Highway, would have had to cease operations and begin land reclamation already.
According to Southampton Town attorney James Burke, Sand Land has now applied directly to the Court of Appeals, "which the town will be opposing," Mr. Burke said.
The mine also has open cases in Southampton Town Justice Court, including at least one violation of a stop-work order. Mr. Burke said prosecution of those cases was ongoing.
"We fully expect the Court of Appeals to deny the leave-to-appeal application of Sand Land, and will work with the D.E.C., who is the agency which regulates the sand mining, to make sure the permit is closed and ensure the site is properly reclaimed," he said.
Gregory Brown, an attorney representing Sand Land, could not be reached for comment.
The D.E.C. said in a statement this week that because the mine is petitioning the Court of Appeals, "the matter is subject to potential litigation," and so it could not comment at this time.
Sand mining is a hot-button topic in many East End communities, including East Hampton Town, where another mine, Sand Highway, is in the process of mining so deep that it would effectively create an artificial lake. Separate litigation is making its way through the state courts.
At the heart of the issue is the protection of Long Island's aquifer, the sole source of drinking water for millions of people. Environmental advocates say it is threatened by mining, which often strips away layers of earth that help filter pollutants.
In October 2017, Suffolk County's water testing at Sand Land found certain pollutants in excess of federal standards, though the mine's previous attorney, Brian Matthews, has said more recent tests showed the water was within acceptable parameters.
Elena Loreto, president of the Noyac Civic Council, one of the plaintiffs in the case against Sand Land and the D.E.C., lauded the attorney general "for the courage to do the right thing."
"We are proud that she sees what this polluter has done and the Attorney General is championing the public interest," Ms. Loreto said in an email this week. "We hope that there is a government agency that will now enforce this decision."
