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Judge allows additional testimony from Adk Wild witness
May 4, 2011 - Jessica Collier
When Dr. Michael Klemens testified last week for Adirondack Wild about amphibians on the project site, he tried to submit additional pre-file testimony listing about 15 species of amphibians he believes to likely be on the site after a quick study of the surrounding area last Monday, which just happened to be the height of most amphibians brief mating season when they were most active.
At the time, ACR attorney Tom Ulasewicz objected to entering the testimony into the record, since it wasn't filed when the rest of pre-file was required to be filed.
O'Connell put off his decision about it at the time, but he just brought it back up again.
Ulasewicz maintained his objection, but APA attorney Paul Van Cott said agency staff was strongly in favor of entering the testimony into the record, since it's precisely the kind of information that the board said it was looking for when it ordered the project into the hearing. Other parties supported that sentiment.
O'Connell agreed, ruling that the information was more important than the filing deadlines, and that it would likely be another year until the same information could be obtained.
That mean Klemens will be back at the end of May so he can be cross-examined based on that document.
LaLonde was just back on the stand to testify on issues 3 and 9, but no one had any questions. They're now moving on to ACR witness Ed Hernandez, an engineer with Deleware Engineering, who will talk about stormwater issues.
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