New York State Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) today hailed a 5-0 decision by the Appellate Division of the State Supreme Court (3rd Department) that temporarily prohibits Sand Land from any vertical expansion below 160 foot (AMSL), until the State Supreme Court decides a motion for a preliminary injunction seeking to stop a DEC settlement and permit authorizing the vertical and horizontal expansion of the mine.

Previously, the 3+ acre horizontal expansion authorized by DEC had been halted by the State Supreme Court with the issuance of another TRO. The DEC permission to expand the mine has been challenged by Thiele, the Town of Southampton, the County of Suffolk and a group of civic and environmental organizations, as well as neighbors.

Thiele stated, “The DEC reversal of its September 2018 decision to close the mine and to permit a major expansion is inexplicable. Instead of protecting the environment, the DEC, charged with protecting our groundwater, has sided with the polluter who continues to foul our groundwater. Now, for the second time, a court has issued a temporary restraining order against the expansion permitted by the DEC. This court again found that our challenge to the expansion has likelihood for success on the merits. As the lawsuit proceeds, the TRO insures that the mine will not be expanded, further jeopardizing the environment.”

Thiele added, “The DEC permitted the expansion of this polluting mine in a decision made behind closed doors with no public input or explanation. It is a mystery why they made a 180 degree reversal in favor of the polluter. Now the DEC will have to answer in court why it ignored the findings of the Suffolk County Department of Health Services regarding groundwater pollution and why it permitted expanded industrial activity which threatens our groundwater.”