ALBANY, N.Y. (AP) – A New York judge has rejected Vermont’s attempt to stop a two-week tire-burning test on the shore of Lake Champlain.

At issue is New York’s approval last month of a two-week test in which International Paper Co. will be allowed to burn scrap tire chips to power its boiler. The boiler normally runs on fuel oil and wood scraps and bark, but the rising cost of fuel oil prompted the company to consider burning tires to save money. The company, the largest employer in Essex County, has argued the mill’s existence is in jeopardy.

If the test burning resulted in emissions within safety standards, the company could choose to burn tires to supplement its oil fuel at the Ticonderoga paper and pulp mill.

Vermont residents, across the lake and downwind from the plant, said even the two-week test would deposit dangerous heavy metals and toxins.

They sought a court restraining order and another order that would require the company to obtain a more lengthy environmental review before the test burn was allowed.

New York state Supreme Court Justice Joseph Teresi rejected Vermont’s arguments.

“The court finds that (the New York state Department of Environmental Conservation) took into account substantial information, data and analysis before rendering their determination that the proposed test burn … was supported by substantial data,” Teresi wrote.

Vermont could still appeal, said Marc Violette, spokesman for the New York Attorney General’s Office, which represented New York.

The Vermont Attorney General’s Office declined to comment.

Earlier this month, Vermont Gov. Jim Douglas urged the U.S. Environmental Protection Agency to reject International Paper’s proposal for the necessary federal permit.

AP-ES-08-10-06 1737EDT