Court Rules that LaGrasse Had No Right to Challenge New APA Rules
Albany County Supreme Court Justice Joseph Cannizzaro ruled
on November 26, 2001 that because Carol LaGrasse did not have
any specific matters before the APA, she did not have standing
to challenge the legality of several new regulations that went
into effect in January 2001, even though she is a property owner
in the Adirondack Park. She had challenged the entire group of
changes to regulations on the basis of illegally "segmenting"
a project under the State environmental law, because the first
phase of new rules was promulgated without the interrelated subsequent
phases available for comment. Bringing to the court her comments
made at a formal hearing about the rules, she also claimed that
the APA illegally gave itself a number of new powers that it did
not have in the APA law.