Dear Concerned Citizen,
My name is Frank Mancuso. I am a local Millbrook resident. I am in a position to effect two important issues concerning our environment. The first is the Cricket Valley Power plant in Dover. My good friend, Joshua A. Douglass, is already working tirelessly on opposing this project. Along with attorney Michael Sussman, Joshua has retained a client with legal standing to oppose Cricket and has sent a formal letter to the Department of Environmental Conservation requesting a Supplemental Environmental Impact Statement be performed by the applicant. He will be sending a second letter- supported by expert analysis- further requesting the SEIS. If the DEC refuses to adhere to the demands, there will inevitably be a lawsuit. Mr. Douglass, and Mr. Sussman, are arguing that since the Final Environmental Impact Statement was finished in 2011- an SEIS is required by law. That is- since New York State has changed its policies on climate change and we have developed a better understanding of the dire health effects stemming from the particulate matter flowing into our atmosphere by power plants- Cricket needs to be further analyzed in order to determine whether the plant conforms with these new policies and how it might effect the health of outlying areas utilizing our more modern means of analysis. I am asking you to support these legal efforts- and others that are also planned- in order to ensure that our planet, and the health of vulnerable individuals, are protected.
The second issue is that of plastics in our waterways. I fought a legal battle against Consolidated Edison about twenty years ago. My David versus Goliath battle was waged over the Clean Water Act. You can read about that here https://law.justia.com/cases/federal/district-courts/FSupp2/130/584/2418762/
. I argued in that case that Consolidated Edison violated the CWA by discharging pollutants into Echo Bay through contaminated drain pipes, tunnels, conduits and cable ducts and by water runoff from the contaminated soil at Con Ede's adjoining substation. In 1981, there was a fire in defendant's substation which caused oil containing polychlorinated biphenyls ("PCB"s) to spill from a transformer into its surrounding moat. After testing the soil at and around the substation, the New York State Department of Environmental Conservation ("DEC") ordered a cleanup, resulting in the substation's closure.
In 1987, F. Mancuso Boatyard, Inc., a corporation I owned, purchased a Marina from Robert Kolasch. In the summer of 1988, my wife and I moved to the Marina where we resided with our children until 1992.
The Clean Water Act prohibits the discharge of pollutants into navigable waters in order to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." 33 U.S.C. §§ 1251(a), 1311(a). To achieve these goals, it provides for citizen suits in addition to state actions. Thus, pursuant to the CWA, "any citizen may commence a civil action on his own behalf" against any person in violation thereof. Id. § 1365(a). The term "citizen" is defined as "a person or persons having an interest which is or may be adversely affected by the alleged violation." Id. § 1365(g).
I lost my citizen suit as a result of a bogus standing issue. However, through my battles (the effects of the environmental contamination were devastating to me and my family) I have developed a life-long passion to do something about plastics in our waterways. Not only are these plastics devastating to wildlife, I believe they also are going to be the ruin of our species if we fail to act! Thus, I have written a book in order to tell my story and to shine a light on the issue of plastics and pcb's.
Seventy-five-percent of your contributions will go to the efforts related to Cricket Valley...the other portion will go to my efforts to further raise the concerns about plastics. I am hopeful that we can stop Cricket and that I can get on the road with my book and educate people about my own personal story and the need to act on plastics.
Finally, you should know, there is going to be an event this Summer bringing local concerned citizens together. We will be sending you updated information about the venue and some fun activities we plan to offer.