MAMAKATING - The Basha Kill Area Association (BKAA) has decided to withdraw its lawsuit against Yukiguni Maitake (YM), the international mushroom producer who intends to build a growing facility on McDonald Road in Mamakating.

The reason for the withdrawal, according to Alex Smith, attorney for the group, is that it appears that YM intends to fight the lawsuit on procedural reasons rather than the merits of the case.

“It was obviously going to be a procedural fight,” Smith said.

At issue is whether or not the BKAA has standing to bring the case. Standing is a legal technicality which says that an individual must demonstrate that he or she will experience harm as a result of the issue under litigation. The BKAA's position with regard to legal standing in the suit may not be sufficient.

Instead the BKAA will focus its efforts on ensuring that the New York State Department of Environmental Conservation (DEC) and the Delaware River Basis Commission hold YM to the highest possible standards with regard to permits. YM will be extracting over 400,000 gallons of water daily, approximately three-quarters of which will be discharged back into the Basha Kill, and will therefore need a number of different water permits. The BKAA has decided that it would not be cost-efficient to proceed with the suit, given that there is a strong likelihood it would be dismissed.

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